Tag: Competition

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Filtering by content type: HSR Informal Interpretation

From: Carson, TimothySent: Tuesday, October 9, 2018 2:35:23 PM (UTC-05:00) Eastern Time (US & Canada)To: [Redacted]Cc: [Rdacted]Subject: RE: Question re sales "in or into the US"The provision of coverage that you have described to US-based insureds does not constitute sales in or...
From: Carson, TimothySent: Monday, October 15, 2018 10:50:26 AM (UTC-05:00) Eastern Time (US & Canada)To: [Redacted]Cc: [Redacted]Subject: RE: New Goods Exemption1. We agree that the real property assets you describe are exempt under 802.2.(c)
From: Whitehead, NoraSent: Monday, October 15, 2018 3:27:05 PM (UTC-05:00) Eastern Time (US & Canada)To:  [Redacted]Cc: [Redacted]Subject: RE: Need for RefilingNo new filing would be required, under the circumstances you describe.From: [Redacted]Sent: Monday, October 15, 2018 3:01...
From: Shaffer, KristinSent: Wednesday, October 17, 2018 3:24:58 PM (UTC-05:00) Eastern Time (US & Canada)To: [Redacted]Cc: [Redacted]Subject: RE: Item 8 question[Redacted]We agree, except that you would need to look at the fair market value of the assets at the time of acquisition...
From: Shaffer, KristinSent: Friday, October 19, 2018 4:02:09 PM (UTC-05:00) Eastern Time (US & Canada)To: [Redacted]Cc: [Redacted]Subject: RE: Item 6(c) in Joint Venture Formations Jen,We agree. Best regards,Kristin From: [Redacted]Sent: Friday, October 19, 2018 10:45 AMTo: [...
From: Shaffer, KristinSent: Tuesday, October 16, 2018 1:37:30 PM (UTC-05:00) Eastern Time (US & Canada)To: [Redacted]Cc: [Redacted]Subject: RE: HSR QuestionWe agree.Best regards,KristinFrom: [Redacted]Sent: Tuesday, October 16, 2018 12:47:07 PM (UTC-05:00) Eastern Time (US &...
From: Shaffer, Kristin <kshaffer@ftc.gov>Sent: Wednesday, October 24, 2018 2:56 PMTo: [Redacted]Cc: [Redacted]Subject: RE: HSR Item 4 Question [Redacted]PNO does not require parties to search for and submit texts. However, since you know you have texts with responsive 4c content...
From: Shaffer, KristinSent: Friday, October 5, 2018 3:42:59 PM (UTC-05:00) Eastern Time (US & Canada)To: [Redacted]Cc: [Redacted]Subject: RE: Canadian Arrangement AgreementYes, if the issuer is a party to the agreement, then the transaction can be filed as an 801.30 or non-801.30....
From: Shaffer, KristinSent: Tuesday, September 11, 2018 9:34:27 AM (UTC-05:00) Eastern Time (US & Canada)To: [Redacted]Cc: [Redacted]Subject: RE: Size of Person TestYes, that is correct.Best regards,Kristin From: [Redacted]Sent: Monday, September 10, 2018 7:02 PMTo: [Redacted]...
From: Shaffer, KristinSent: Friday, September 28, 2018 1:00:25 PM (UTC-05:00) Eastern Time (US & Canada)To: [Redacted]Cc: [Redacted]Subject: RE: Question about § 7A(c)(9) and § 802.9 [Redacted]When asked in the past about acquisitions of shares in a competitor, this has been our...
From: [Redacted]Sent: Thursday, September 6, 2018 11:29:09 AM (UTC-05:00) Eastern Time (US & Canada)To: [Redacted]Cc: [Redacted}Subject: RE: Item 6c[Redacted]If the acquisitions are not consummated prior to filing, we agree that X may say none. However, we do find it helpful if...
From: Carson, TimothySent: Tuesday, September 11, 2018 1:06:59 PM (UTC-05:00) Eastern Time (US & Canada)To: [Redacted]Cc: [Redacted}Subject: RE: HSR Question - Newly formed fundYes, you may use endnotes to explain. Please also note there is a spot at the bottom of Item 5 where the...
From: Shaffer, Kristin [mailto:kshaffer@ftc.gov]Sent: Monday, September 17, 2018 09:58To: [Redacted]Cc: [Redacted]Subject: RE: Financials and Item 5 Data (18 Months Rule)[Redacted]Yes, Buyer can use FY17 revenue for Item 5, but it should submit its FY18 financials for Item 4 (please...
From: Shaffer, KristinSent: Thursday, September 6, 2018 3:19:34 PM (UTC-05:00) Eastern Time (US & Canada)To: [Redacted]Cc: [Redacted}Subject: RE: 802.51[Redacted]Our views are still consistent with Interpretation #151 in the latest edition of the Premerger Notification Practice...
Yes, the payment of the pension debt can be excluded.From: [Redacted]Sent: Tuesday, August 28, 2018 10:39:15 AM (UTC-05:00) Eastern Time (US & Canada)To: [Redacted]Subject: Question re: Pension LiabilityGood morning,
No, neither of those facts would be the basis for an exemption.Best regards,Kristin From: [Redacted]Sent: Thursday, August 09, 2018 9:58 PMTo: [Redacted]Subject: HSR QuestionI have a general question regarding backside filings.
If the waiting period is still open, the filing can be amended. Because the number of voting securities will change (not just the price), the entire filing would need to be updated, the difference in the fee would need to be paid, and the waiting period would restart.Once the waiting...
Aggregate and report together on the same form.From: [Redacted]Sent: Thursday, August 16, 2018 12:09:15 PM (UTC-05:00) Eastern Time (US & Canada)To: [Redacted]Subject: Aggregation ruleDear PNO Team:
[Redacted]I’m afraid this is a bright line. Two filing fees are required.Best regards,KristinFrom: [Redacted]Sent: Friday, August 03, 2018 3:17 PMTo: [Redacted]Subject: 803.9(c)Dear Team,
From: Whitehead, NoraSent: Friday, August 31, 2018 9:46:31 AM (UTC-05:00) Eastern Time (US & Canada)To: [Redacted]Cc: [Redacted]Subject: RE: Question regarding affidavits and certificationWe would accept either approach.From: [Redacted]Sent: Friday, August 31, 2018 9:34:00 AM (UTC...

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