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Date
Rule
801.51 and airlines
Staff
Gillis, Diana L
Response/Comments
First determine where the plane is registered. If registered in the US, it is a US asset. If foreign, you then look to revenues from flights either to or from the US, which would be considered US sales.

Question

From: Gillis, Diana L [mallto:dqilljs@ftc.gov]
Sent: February 05
, 2015 4:21PM
To: (Redacted)
Cc: Walsh, Kathryn
E.

Subject: FE: 802.51 and Airlines

First determine where the plane is registered. If registered in the US, it is a US asset. If foreign, you then look to revenues from flights either to or from the US, which would be considered US sales.

 

From (Redacted)
Sent: January 28, 2015 9:41AM
To: Gillis, Diana L.; Walsh, Kathryn E.

Subject: 802.51 and Airlines

In a deal involving an acquisition of a foreign airline, how do you determine their sales in or into the US? What methodology does one use?

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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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