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HSR Informal Interpretations

2103006 Informal Interpretation

Date

March 10, 2021

Rule

801.1, 801.2

Assuming the son is over 18, the father and son are separate UPEs. If there is a reorg, the single parent would be the UPE. If not, each UPE would list its subs as acquired entities.

Original Image (82.23 KB)

Public Statement

Remarks of Commissioner Christine S. Wilson at Seventh Annual Berkeley Spring Forum on M&A and Governance

Date

March 5, 2021

Remarks of Commissioner Christine S. Wilson at Berkeley M&A Forum (302.88 KB)

HSR Informal Interpretations

2103005 Informal Interpretation

Date

March 4, 2021

Rule

Item 4(b)

Please submit Corp’s financial statements and put an endnote that the Corp shares are held through a trust, and that the trust’s financials can be supplied upon request or that the trust does not...

Original Image (106.17 KB)

HSR Informal Interpretations

2103001 Informal Interpretation

Date

March 4, 2021

Rule

802.71

802.71 potentially covers any transfer by a settlor to an irrevocable trust (irrespective of who settled the trust). The identity of the recipient does not matter, so long as the other regulatory...

Original Image (194.18 KB)

HSR Informal Interpretations

2103002 Informal Interpretation

Date

March 3, 2021

Rule

801.2

Original Image (59.17 KB)

Press Release

Following Federal Trade Commission Staff Recommendation to Challenge Transaction, Two Health Care Systems in Central Georgia Abandon Proposed Merger

Date

March 3, 2021

Given the announcement from Atrium Health Navicent, Inc. and Houston Healthcare System, Inc. that they are abandoning their proposed merger, the Federal Trade Commission has closed its investigation...

Press Release

FTC Issues Annual Report on Ethanol Market Concentration 2020

Date

March 3, 2021

The Federal Trade Commission has issued its 2020 Report on Ethanol Market Concentration. The Energy Policy Act of 2005 directs the Commission to perform an annual review of market concentration in the...

Report

2020 Report on Ethanol Market Concentration

Date

March 3, 2021

Text of the Report (418.94 KB)

Federal Register Notice

Prohibition of Energy Market Manipulation Rule Review

Date

March 2, 2021

HSR Informal Interpretations

2103003 Informal Interpretation

Date

March 1, 2021

Rule

801.11, Item 4(b)

We agree and note that X might need to stipulate if its financials don’t show that SOP is met.

Original Image (69.51 KB)

Federal Register Notice

Granting of Requests for Early Termination of the Waiting Period Under the Premerger Notification Rules (January 2021)

Date

February 24, 2021

HSR Informal Interpretations

2102006 Informal Interpretation

Date

February 22, 2021

Rule

801.2, 803.1

We like it when the principal transaction references that there will be a backside acquisition filing in item 3. Two separate filings are also preferable to avoid confusion.

Original Image (216.87 KB)

HSR Informal Interpretations

2102002 Informal Interpretation

Date

February 22, 2021

Rule

801.21

Yes, we still consider cryptocurrencies cash equivalents when acquired.

Original Image (193.92 KB)

HSR Informal Interpretations

2102004 Informal Interpretation

Date

February 18, 2021

Rule

801.1

1) Correct 2) Assuming the holdings you cite represent the rights to profits or assets upon dissolution, please list the UPE as “X and Y (spouses)” or you may just list “X and Y” and indicate for our...

Original Image (152.54 KB)

Federal Register Notice

Granting of Requests for Early Termination of the Waiting Period Under the Premerger Notification Rules (December 2020)

Date

February 18, 2021

Federal Register Notice

Granting of Requests for Early Termination of the Waiting Period Under the Premerger Notification Rules (November 2020)

Date

February 18, 2021

HSR Informal Interpretations

2102007 Informal Interpretation

Date

February 17, 2021

Rule

Item 4(b)

You should provide the 2020 financials.

Original Image (420.84 KB)

Report

Commission Report on Hearings on Competition and Consumer Protection in the 21st Century

Date

February 16, 2021

Commission Report on Hearings on Competition and Consumer Protection in the 21st Century: The FTC's Role in a Changing World (572.4 KB)

Press Release

FTC Report Cites Benefits of International Cooperation On Antitrust and Consumer Protection Enforcement

Date

February 16, 2021

The Federal Trade Commission issued a report examining ways to enhance cooperation between the FTC and overseas competition and consumer protection authorities in order to maximize the effectiveness...

HSR Informal Interpretations

2102005 Informal Interpretation

Date

February 5, 2021

Rule

801.1

Confirmed.

Original Image (152.54 KB)

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