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Date
Rule
802.50, 802.51
Staff
Michael Verne
Response/Comments
Assuming that the target's fiscal year going forward will be calendar year, you would only look at November - December sales.

Question

From: (redacted)
Sent: Tuesday, May 20, 2008 5:25 PM
To: Verne, B. Michael

Subject: ForeignAcquisition Question

Mike:

My client mayacquire a foreign company that started operations in November 2007. Assume allother HSR thresholds are met. Also assume the target has no assets located inthe U.S. The question I have is whether, in light of the fact that target beganoperations in the last 2 months of its last fiscal year, we look only to thelast 2 months of the target's last fiscal year to determine whether the salesthreshold for the 802.50 and 802.51 exemptions are met, or whether we considerits sales into the U.S. from November 2007 to present.

About Informal Interpretations

Informal interpretations provide guidance from previous staff interpretations on the applicability of the HSR rules to specific fact situations. 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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