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Date
Rule
Item 6(a)
Staff
Nora Whitehead
Response/Comments

Report all controlled US entities, regardless of whether they have sales in or into the US (subject to the $10MM threshold you reference below). For more guidance, see https://www.ftc.gov/enforcement/premerger-notification-program/hsr-resources/tips-completing-item-6-hsr-form.

Question

From: Whitehead, Nora <nwhitehead@ftc.gov>
Sent: Monday, March 27, 2023 2:16:42 PM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: Question concerning Item 6(a)

Report all controlled US entities, regardless of whether they have sales in or into the US (subject to the $10MM threshold you reference below).

For more guidance, see https://www.ftc.gov/enforcement/premerger-notification-program/hsr-resources/tips-completing-item-6-hsr-form.

From: [Redacted]
Sent: Friday, March 24, 2023 7:37:18 PM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Subject: Question concerning Item 6(a)

I hope you are well.

I have a question concerning how I should complete Item 6(a) of the HSR Form. Our client does not control any foreign companies. Do I only list US companies that have derived US revenue from sales in the US ? This would mean companies that do not produce revenue from sales such as holding companies or other companies with no sales would not be listed in Item 6(a) ?

I am aware of the $10 million in total assets threshold.

Am I reading the instructions correctly ?

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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