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Date

Tags:

Rule
803.10
Staff
Diana Gillis
Response/Comments

The same rule applies for all transactions; 801.30s are not treated differently – if either party asks for ET, it can be granted.

Question

Hi [REDACTED], the same rule applies for all transactions; 801.30s are not treated differently – if either party asks for ET, it can be granted.

-Diana

From: [REDACTED]
Sent: Tuesday, January 10, 2017 9:46 AM
To: Gillis, Diana L.
Subject: Federal Register Publication of Transaction Detail

 

Diana,

I hope you don’t mind the email.  In non-801.30 transactions, I know that if either party asks for early termination, that is sufficient to allow the PNO to grant early termination.  PNPM 231.  In the 801.30 context (e.g., open market purchase of stock), however, if the acquiring person does not ask for early termination but the acquired person does, will the PNO respect the acquiring person’s election, ignore the acquired person’s request, and not grant early termination (and so not publish the fact of the transaction in the Federal Register and on the FTC’s website)? 

Thanks for your help.

[REDACTED]

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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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