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Advisory Opinion Subpage

Informal Staff Advisory Opinion 98-3

This staff advisory opinion is issued in response to your recent request for advice concerning the Commission's Franchise Rule. 16 C.F.R Part 436. Specifically, we will address whether a secured, non...
Advisory Opinion Subpage

Informal Staff Advisory Opinion 96-5

This staff advisory opinion is issued in response to your request dated August 22, 1996, for our views concerning the possible retroactive application of the minimum payment requirement of the...
Advisory Opinion Subpage

Informal Staff Advisory Opinion 02-4

This advisory opinion addresses the preparation of financial statements under the FTC's Franchise Rule. In its request, the California Department of Corporations asks whether franchisors are required...
Advisory Opinion Subpage

Informal Staff Advisory Opinion 02-2

This staff advisory opinion is issued in response to your request for our views on whether a not-for profit 501(c)(3) organization satisfies the definition of a franchise under the Franchise Rule. I...
Advisory Opinion Subpage

Advisory Opinion to Allison (02-23-98)

… Brooks & Smith, LLC Suite 2400 230 Peachtree Street, N.W. Atlanta, Georgia 30303-1557 Re: Section 603(h) of the Fair … that enters into a bona fide independent contractor relationship with an individual must comply with the …
February 23, 1998 Mr. Herman L. Allison Contangy, Brooks & Smith, LLC Suite 2400 230 Peachtree Street, N.W. Atlanta, Georgia 30303-1557 Re: Section 603(h) of the Fair Credit Reporting Act Dear Mr...
Advisory Opinion Subpage

Advisory Opinion to Buchman (03-02-98)

… Opinion Subpage March 2, 1998 John A. Buchman, Esq. Holland & Knight 2100 Pennsylvania Ave., N.W. Suite 400 …
March 2, 1998 John A. Buchman, Esq. Holland & Knight 2100 Pennsylvania Ave., N.W. Suite 400 Washington, D.C. 20037 Re: Section 604 of the Fair Credit Reporting Act Dear Mr. Buchman: This responds to...
Advisory Opinion Subpage

Advisory Opinion to Schieber (03-03-98)

… Division of Credit Practices Bureau of Consumer Protection Clarke W. Brinckerhoff Attorney (202) 326-3224 March 3, 1998 Paul H. Schieber, Esq. Blank Rome Comisky & McCauley One Logan Square Philadelphia, PA 19103 Dear Mr. Schieber: … Advisory Opinion to …
Division of Credit Practices Bureau of Consumer Protection Clarke W. Brinckerhoff Attorney (202) 326-3224 March 3, 1998 Paul H. Schieber, Esq. Blank Rome Comisky & McCauley One Logan Square...
Advisory Opinion Subpage

Advisory Opinion to Goeke (06-09-98)

… Advisory Opinion Subpage Division of Credit Practices Clarke W. Brinckerhoff Attorney 202-326-3224 June 9, 1998 Ms. Gail Goeke LATHROP & GAGE 2345 Grand Boulevard Kansas City, MO 64108 …
Division of Credit Practices Clarke W. Brinckerhoff Attorney 202-326-3224 June 9, 1998 Ms. Gail Goeke LATHROP & GAGE 2345 Grand Boulevard Kansas City, MO 64108 Re: Criminal records checks -- FCRA §...
Advisory Opinion Subpage

Advisory Opinion to Beaudette (06-09-98)

June 9, 1998 Mr. John Beaudette Operations Manager Employment Screening Services 6th Floor South 9 Washington Spokane, WA 99204 Re: Sections 603(d)(1), 604(b), 606, 607(e), 609, and 610 of the Fair...
Advisory Opinion Subpage

Advisory Opinion to Islinger (06-09-98)

… Esq.  Jackson, Lewis, Schnitzler & Krugman Courthouse Plaza 60 Washington Street Morristown, New Jersey 07960-6844 …
June 9, 1998 David G. Islinger, Esq. Jackson, Lewis, Schnitzler & Krugman Courthouse Plaza 60 Washington Street Morristown, New Jersey 07960-6844 Re: Section 603(d) of the Fair Credit Reporting Act...
Advisory Opinion Subpage

Advisory Opinion to Poquette (06-09-98)

June 10, 1998 Ms. Mary Poquette Verifications, Inc. 920 Second Avenue South Suite 610 Minneapolis, Minnesota 55402 Re: Section 603(d) of the Fair Credit Reporting Act Dear Ms. Poquette: This is in...
HSR Informal Interpretations

1610004 Informal Interpretation

… detail and analysis.  We agree with the analysis you lay out immediately below.   Timothy (Ty) Carson Bureau of … manufacturers produce the final product using the name and labels of Company A. A portion, but not all, of the products …
Rule
Item 5
In this tolling agreement scenario, Company A should report in Item 5 the revenue for any sales that appear on the books of the US business of Company A, and do so using a wholesale NAICS Code.
HSR Informal Interpretations

9009008 Informal Interpretation

… exploration and development of oil and gas, is purchasing a large block of horizontallyor stratigraphically-severed oil … deeper wells (or any other wells, for that matter), no plant, equipment or other personal property, and no current, …
Rule
7A(c)(1)
9/17/90 Will advise (redacted) when he calls that we agree with his analysis and conclusion that the transaction is exempt. TH
HSR Informal Interpretations

9012009 Informal Interpretation

… The (redacted) project is an approximately 874 acre master-planned residential golf course community with secured … in the unincorporated area of (redacted). The Master Plan for (redacted) provides for the development of … 1,312 single family homes, a championship 18- hole Jack Nicklaus Signature golf course designed by Jack Nicklaus (Golf …
Rule
802.1(a)
Conclusion correct, but not for reasons cited. Exempt as realty in the ordinary course. Income stream incidental to sale of property & business of partnership which isdevelopment. Golf course "turnkey...
HSR Informal Interpretations

9104008 Informal Interpretation

… University. This letter confirms your conclusion that this latest transaction does not require an additional filing … (redacted) 4/16/91 - J/S says if original transaction took place, no need to file now for merger of (redacted)(renamed … with (redacted) who said original transaction had taken place and (redacted) now appoints all of (redacted)s …
Rule
801.1(c)(8)
See below
HSR Formal Interpretations

Formal Interpretation No. 7

Type of Formal Interpretation
Acquisitions By Certain Bank Holding Companies
UNDER 16 C.F.R. § 803.30 CONCERNING ACQUISITIONS BY CERTAIN BANK HOLDING COMPANIES Commission staff have recently received several requests for interpretation of the exemption provided by § 7A(c)(8)...
HSR Formal Interpretations

Formal Interpretation No. 14

… § 802.6(b) of the Rules, 16 CFR § 802.6(b), As It May Relate To Transactions Between Air Carriers And Others … Consummated On Or After January 1, l989. Mergers and similar transactions between airlines have for decades required federal regulatory approval prior to consummation. Until 1985, that …
Type of Formal Interpretation
Airlines (transactions between air carriers and others subject to HSR)
16 CFR Part 802 Premerger Notification: Reporting and Waiting Period Requirements AGENCY: Federal Trade Commission ACTION: Notice of Formal Interpretation SUMMARY: On November 14, 1988, the Federal...
HSR Formal Interpretations

Formal Interpretation No. 8

… your concern that the integrity of the attorney-client relationship not be compromised and we share this concern. The … and appropriate for an assessment of the transaction. Clayton Act § 7A(d)(1). The Act does not exempt any … 1978), we have responded and will continue to respond to claims of privilege on a case by case basis. Our procedure is …
Type of Formal Interpretation
Attorney-Client Privilege (assertion in Response to Information Required by the Form and in Response to a request for Additional Information or Documentary Material)
BUREAU OF COMPETITION September 13, 1979 John W. Barnum, Esquire White & Case 1747 Pennsylvania Avenue, N.W. Washington, D.C. 20006 Dear Mr. Barnum: This is in response to your March 1, 1979, letter...
HSR Formal Interpretations

Formal Interpretation No. 2

… No. 2 BUREAU OF COMPETITION September 26, 1978 Mr. Laurence T. Sorkin Cahill, Gordon & Reindel Eighty Pine … of § 802.70 of the premerger notification rules as it relates to Citicorp's proposed acquisition of Carte Blanche Corporation ("Carte Blanche"). In accordance with the …
Type of Formal Interpretation
Acquisitions Made Pursuant to an Order of Divestiture under §802.70
BUREAU OF COMPETITION September 26, 1978 Mr. Laurence T. Sorkin Cahill, Gordon & Reindel Eighty Pine Street New York, New York 10005 Re: Formal interpretation of § 802.70 of the Hart-Scott-Rodino...
HSR Formal Interpretations

Formal Interpretation No. 17

Type of Formal Interpretation
Banking and non-banking businesses under (c)(7) and (c)(8) as amended by the Gramm-Leach-Bliley Act
Premerger Notification: Reporting and Waiting Period Requirements AGENCY: Federal Trade Commission ACTION: Notice of Issuance of Formal Interpretation 17 SUMMARY: The Premerger Notification Office (...
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