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HSR Informal Interpretations

8504004 Informal Interpretation

… we write to request an interpretation as to whether the reporting requirements imposed by the Hart6-Scott-Rodino … to the Act, Companies X and Y would be exempt from the Acts reporting requirements until such time as company X …
Date
Rule
802.20; 801.1(f)
Comment: The initial transaction is exempt (32% of v/s) under Section 802.20. The option is reported if and when it is exercised. Although it is one part ofBeneficial ownership, that is the right to...
HSR Informal Interpretations

8509004 Informal Interpretation

… instructions for preparing a Premerger Notification Report, to be filed in the near future. Our client is the … Section 5 and 7 instructions for the Premerger Notification Report: 1. Because the Subsidiary merely acquired assets of … instructions of Section 5. Therefore our client need not report 1977 revenues of the business which the Subsidiary …
Date
Rule
Items 5 and 7
See below
HSR Informal Interpretations

8509002 Informal Interpretation

… my analysis that the transaction described below is not reportable because of the applicability of the 802.20(b)(2) … to consummate the transaction described below without reporting based on your informal advice. FACTS Company A us … more than $25 million ($22 not $28) the transaction is not reportable. I believe the above accurately reflects the …
Date
Rule
802.50(b)
See below
HSR Informal Interpretations

8609011 Informal Interpretation

… entered into in these circumstances would not themselves be reportable. Therefore, in determining whether the reporting thresholds have been met, the amount by which the … the inclusion of such an option would make the subleases reportable. You confirmed that it would, so long as the …
Date
Rule
801.10
Upon later review it appears that the facts are incomplete. Although subleases may not involve acquisitions of assets, a lease acquisition may be an asset acquisition where the landlord releases the...
HSR Informal Interpretations

8611013 Informal Interpretation

… the exemption would apply and the acquisition would not be reportable. If this understanding is incorrect, please …
Date
Rule
802. 1 (a)
I concur per phone call 11/25/86 Upon later review it appears that this is an incorrect interpretation. This appears to be an acquisition of a home builder company and not an acquisition of an exempt...
HSR Informal Interpretations

8411010 Informal Interpretation

… you advised me that the following transaction would be non-reportable, that is, the filing of a Premerger Notification … your advice to be that the transaction would not be reportable because the acquiring company would not meet the …
Date
Rule
7A(a)(2); 801.11(e)
OK upon later review by WEK 3/9/87
HSR Informal Interpretations

8412005 Informal Interpretation

… of directors to be proposed by management. Staff Comment: * reportable JV? Because (redacted) are newly formed entities … of the (redacted) assets by (redacted) will not be a reportable transaction under the Act. Sincerely, (redacted) …
Date
Rule
801.11(e)
OK upon later review on 3/9/87 W.E. K.
HSR Informal Interpretations

8607002 Informal Interpretation

… client, X, does not need to file a premerger notification report because on consummation of the present transactions, … our client will not file a premerger notification report pursuant to the Hart-Scott-Rodino Antitrust …
Date
Rule
801.40
OK WEK Upon later review on 3/9/87
HSR Informal Interpretations

8608001 Informal Interpretation

… under § 802.50(a) from the Hart-Scott-Rodino premerger reporting requirements. As you suggested, unless I hear from … understanding that the exemption is applicable and that no report forms need be filed prior to consummating the …
Date
Rule
802.50(a)
Upon later review this letter appears to be correct 3/9/87 W.E.K.
HSR Informal Interpretations

8703003 Informal Interpretation

… acquisition for your evaluation on whether my client must report such an acquisition pursuant to Section 7A of the … that the acquisition was probably too small to require reporting, or alternatively, would be exempt under Section …
Date
Rule
802.20
Advised that this was not reportable under HSR because it did not meet the size of person test, but that the non reportable status under HSR did not exempt any transaction from all antitrust law.
HSR Informal Interpretations

8703004 Informal Interpretation

… D.C. 20580 Re: Applicability of Hart-Scott-Rodino report to Federally Recognized American Indian Tribes Dear … Indians would be a transaction for which a Notification and Report (Report) must be filed pursuant to the Hart-Scott-Rodino …
Date
Rule
801.1(a)(2)
I advised (redacted) that action by the tribe itself would be exempt but action by a corporation owned by the tribe would not. AMS
HSR Informal Interpretations

8703006 Informal Interpretation

… in the Antitrust Improvements Act Notification and Report Form and documentary attachments (Report Form) filed by (redacted) with the Federal Trade … of the (redacted) from those initially described in the Report Form. We are asking guidance as (1) whether the …
Date
Rule
801.40 (b)
called and told her not to re-file
HSR Informal Interpretations

8703010 Informal Interpretation

… 1987, the following transaction is not subject to premerger reporting requirements under the Hart-Scott-Rodino Act (the … elements under the Act are met, the transaction will not be reportable. Moreover, the formation of Newco will not be reportable under Section 801.40 of the Rules. The former of …
Date
Rule
801.40
OK
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