Tag: Competition

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[REDACTED] The exemption does not apply based on the facts you lay out.  The indicia listed in the SBP are illustrative and not an exhaustive list.  Informal Interpretation 0009008 is no longer the position of the PNO, and we routinely receive filings with structures similar to what...
Hi [REDACTED], the same rule applies for all transactions; 801.30s are not treated differently – if either party asks for ET, it can be granted. -Diana From: [REDACTED]Sent: Tuesday, January 10, 2017 9:46 AMTo: Gillis, Diana L.Subject: Federal Register Publication of Transaction...
[REDACTED] We agree with your analysis.  The exemption under 802.21 is issuer specific.  Under the facts you lay out, Core Company is replacing Company for purposes of this rule, and therefore a filing to acquire Company will be treated as a filing to acquire voting securities of Core...
From: Carson, Timothy [mailto:tcarson@ftc.gov]Sent: Wednesday, January 04, 2017 10:15 AMTo: [REDACTED]; Gillis, Diana L.Subject: RE: Waiting period expiration   [REDACTED] Under your facts, the waiting period expiries Monday 2/6 at 11:59pm. See 803.10(b)(3).    Timothy (Ty) Carson...
[REDACTED] The accounting treatment under the applicable national rules does not dictate whether an asset is held by an entity.  The facts you lay out support a conclusion that beneficial ownership of the vessels does pass to the JV for the Type 2 Lease Vessels and the Owned Vessels....
[REDACTED] #132 is correct. We will update 1201007 accordingly. H only needs to acquire 1 share to satisfy 803.7 and take advantage of 802.21. -Diana From: [REDACTED]Sent: Monday, December 12, 2016 10:36 AMTo: Walsh, Kathryn E.; Whitehead, NoraSubject: Advice sought regarding 1-year/5...
From: Gillis, Diana L.Sent: Friday, December 09, 2016 3:02 PMTo: [REDACTED]Cc: [REDACTED]Subject: RE: HSR earnout related guidance Early termination may be granted at any time during the waiting period. From: [REDACTED]Sent: Friday, December 09, 2016 2:59 PMTo: Gillis, Diana L.Cc: [...
[REDACTED] Acquiring C would be separately reportable. Do not allocate C’s assets to A and B. Regards Evan From: [REDACTED]Sent: Monday, December 05, 2016 4:13 PMTo: Storm, EvanCc: [REDACTED]Subject: RE: Request for Informal Advice Evan, We’ve tracked down the relevant information in...
From: Carson, TimothySent: Monday, December 05, 2016 4:32 PMTo: [REDACTED]Cc: [REDACTED]; Walsh, Kathryn E.; Berg, Karen E.; Gillis, Diana L.; Whitehead, Nora; Storm, Evan; Shaffer, KristinSubject: RE: Question Regarding Reporting Structure [REDACTED]
President Donald J. Trump has designated Maureen K. Ohlhausen as Acting Chairman of the Federal Trade Commission by a White House order.
The FTC's complaint alleges that Endo Pharmaceuticals Inc. and several other drug companies violated antitrust laws by using pay-for-delay settlements to block consumers’ access to lower-cost generic versions of Lidoderm.  The agreement not to market an authorized generic – often...
The Federal Trade Commission has refiled a complaint and filed a proposed stipulated order in federal court to resolve charges that Endo Pharmaceuticals Inc.
With some exceptions, Section 8 of the Clayton Act prohibits the same individual from serving as an officer or director of two competing corporations. Like other portions of the forward-looking Clayton Act (including Section 7 with its proscription on mergers that are likely to harm...
The FTC's administrative complaint against Impax charges that in 2010, Impax and Endo Pharmaceuticals Inc. illegally agreed that Impax would not compete by marketing a generic version of Endo’s Opana ER until January 2013. In exchange, Endo paid Impax more than $112 million.Endo...
For 2017, the size-of-transaction threshold for reporting proposed mergers and acquisitions under Section 7A of the Clayton Act will increase from $78.2 million to $80.8 million. The new 2017 thresholds under Section 8 of the Act that trigger prohibitions on certain interlocking memberships on...

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