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Date
Rule
801.13, 801.90
Staff
Alice Villavicencio
Response/Comments
MV and TH concur

Question

From: [redacted]

To:     Nancy Ovuka

Date: Tue, Jun 27, 2000 1:11 PM

Nancy,

Thanks for the response on my two deal hypothetical. I have informed them that the second transaction, if closed within 180 days of the first, will trigger a filing. They seem to understand and, predictably, they are wondering what will happen if they put one transaction on the back burner and let the 180 days run. I have told them that the PNO will take issue with that tactic unless it is justified by reasons other than the mere desire to avoid a filing. I assume that is the correct advice. If not, please let me know.

Thanks again,

[redacted]

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Informal interpretations provide guidance from PNO staff on the applicability of the HSR rules to specific fact situations. They do not necessarily reflect the position of the Commission. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice. 

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