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Date
Rule
Form Item 4(c)
Staff
Michael Verne
Response/Comments
Filing with state regulatory agencies are also not 4(c).

Question

To:(redacted)

Subject:RE: 4(c)

-----Original Message------

From: (redacted)

Sent: Friday, October 06, 2006 9:39 AM

To: Verne, B. Michael

Subject: 4(c)

Mike,

Inthe article by Marian Bruno, Brian Mohr and Bruce Prager ("Locating andIdentifying Item 4(c) Documents," Antitrust Magazine, Spring, 2002), theauthors state that "filings (and drafts thereof) made with federal or

foreignagencies, such as the Federal Energy Regulatory Commission or the BrazilianCompetition Authority, that discuss competitive conditions in

variousmarkets where the combined company will operate are not responsive to Item4(c)[.]" (page 49.)

Myquestion is whether filings (and drafts thereof) made with state regulatoryagencies are similarly exempt, or whether such filings and drafts must be filedas 4(c) documents with the HSR Form, if such documents have 4(c) content.

Thankyou,

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