Brief of the Federal Trade Commission in support of a petition for rehearing and rehearing en banc and urging the court to clarify or amend its September 28, 2016, decision in the case. The brief urges the court to (1) clarify the decision so it cannot be read to limit the kinds of...
Looking for a new job can be stressful, whether you are a new worker applying for your first job or a highly trained professional seeking to advance in your career. The last thing a job-seeker should have to worry about is a back-room deal among employers that keeps her from getting...
We wanted to share some additional input on the email chain below.
Today, the Federal Trade Commission and the Justice Department’s Antitrust Division issued guidance for human resource (HR) professionals and others who are involved in hiring and compensation decisions. HR professionals are often in the best position to ensure their companies’ hiring practices...
From: Walsh, Kathryn E.Sent: Wednesday, October 19, 2016 10:07 AMTo: [REDACTED]Cc: [REDACTED]; Gillis, Diana L.Subject: RE: Question on Item 8
Yes, it means your (1) below.
From: [REDACTED]Sent: Tuesday, October 18, 2016 7:15 PMTo: Walsh, Kathryn E.Cc: [REDACTED]Subject: Question...
From: Carson, TimothySent: Tuesday, October 18, 2016 11:27 AMTo: [REDACTED]Cc: Gillis, Diana L.; [REDACTED]Subject: RE: HSR Item 5 Question
Thanks for the additional detail and analysis. We agree with the analysis you lay out immediately below.
Timothy (Ty) Carson
From: Walsh, Kathryn E.Sent: Monday, October 17, 2016 11:01 AMTo: [REDACTED]Cc: [REDACTED]; Gillis, Diana L.Subject: RE: Question regarding analysis of "new debt" under new FTC guidance
Your analysis is correct, all three are $60m deals.
We consider these officers for Item 4 purposes.
From: [REDACTED]Sent: Monday, October 10, 2016 5:58 PMTo: Whitehead, Nora; Gillis, Diana L.; Walsh, Kathryn E.; Berg, Karen E.Cc: [REDACTED]Subject: Request for Informal Interpretation - Item 4c/d Officers
Dear Nora, Diana, Kate, and...
[REDACTED, see responses below in bracketed all caps. Premerger Notification Practice Manual (5th ed) #190 also speaks to these issues.
Timothy (Ty) Carson
Bureau of Competition
Federal Trade Commission
400 7th Street, SW
Washington, DC 20024
Since this transaction involves the merger and consolidation of multiple entities, 801.40 does not apply. Please see PNPM #46, which describes how to analyze simultaneous consolidations.
We do not view the operation of data centers as analogous to the rental of investment property. Neither 802.2(h) nor 802.5 is available as exemptions to a data center operator.
From: [REDACTED]Sent: Wednesday, September 21, 2016 12:56 PMTo: Storm, EvanSubject...
The Federal Trade Commission is currently accepting public comments on an application by American Air Liquide Holdings, Inc. to sell to Reliant Processing, Ltd. certain assets related to production of bulk liquid carbon dioxide at facilities in Galva, and Sergeant Bluff, Iowa.
“The parties’ decision to abandon this transaction preserves hospital competition in the Harrisburg area,” said Debbie Feinstein, Director of the Federal Trade Commission’s Bureau of Competition. “Had it been consummated, the merger would have likely led to lower quality and higher cost health...
See our answers embedded below.
From: [REDACTED]Sent: Thursday, September 15, 2016 2:23 PMTo: Walsh, Kathryn E.; Gillis, Diana L.; Shaffer, Kristin; Storm, Evan; Whitehead, NoraCc: [REDACTED]Subject: Questions re New Form Instructions
The Premerger Notification Office is often asked to give guidance on how to determine the value of a proposed merger or acquisition in light of the size of transaction test. The size of transaction test excludes transactions from the reporting requirements of the Hart-Scott-Rodino...