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Date
Rule
801.2
Staff
Patrick Sharpe

Question

(redacted)

November 3, 1983

BY HAND

Patrick Sharpe, Esq.
Federal Trade Commission
6th & Pennsylvania Avenue, N.W.
Room 301
Washington, D.C. 20580

Dear Mr. Sharpe:

This will set forth the question we discussed on the telephone yesterday concerning certain aspects of the Hart-Scott-Rodino (HSR) Pre-Merger Notification and Waiting Requirements (15 U.S.C 18a).

By letter of October 14, 1983, we described in hypothetical terms a transaction in which B transferred a interest in certain assets to A and then both A and B transferred their respective interest in the assets to a partnership which was created to carry on a manufacturing business based on those assets. After review of our October 14 letter, you determined that the transaction would be reportable pursuant to the HSR Pre-Merger Notification and Waiting Requirements because it constituted an acquisition of assets by A from B. For convenience, I am enclosing a copy of our October 14, 1983 letter that describes the transaction more fully.

Thank you for your attention to this matter.

Sincerely,

(Redacted)

(Redacted)

Enclosure

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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