Question
(redacted)
November 10, 1983
FEDERAL EXPRESS
Mr. Patrick Sharpe
Compliance Specialist
Premerger Notification Office
Bureau of Competition
Room 301
Federal Trade Commission
Washington, D.C. 20580
Dear Mr. Sharpe:
This letter will confirm our telephone conversations of November 8, 1983, concerning the proposed acquisition by our client (redacted) from (redacted) for approximately 243,000 acres of timberland in (redacted) or an aggregate purchase price of $21,700,000. There are no production facilities located on the timberlands, and none will be acquired in connection with this transaction.
(Redacted) is an (redacted) corporation with its executive offices located in (redacted) currently does not own any timberlands but is affiliated and under common control with several companies, all of which are controlled by (redacted) the (redacted) which collectively own approximately 260,000 acres of timberland in the State of (redacted) and own approximately , 490,000 acres of timberland and hold leases relating to approximately 2,325,000 acres of timberland in (redacted). In addition, certain of the (redacted) have, or have had, cutting rights with respect to various timberlands in (redacted).
The operating assets of the (redacted) include several sawmills, one of which is located in (redacted) in proximity to the acreage to be acquired, a newsprint mill and a pulp mill. The (redacted) buy, sell, trade and exchange timberlands operations. The timberlands to be acquired will be managed by the (redacted) and it is expected that a major portion of the timber from such timberlands will be used by the (redacted).
After considering the above-described facts, you have advised me that it is the opinion of your office that the purchase by (redacted) of approximately 243,000 acres of timberland from (redacted) would be regarded as an acquisition(s) of . . . realty transferred in the ordinary course of business (15 U.S.C. 18a(c)(1)) and therefore would be exempt from the reporting requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976. Therefore, no premerger Notification and Report Form will be filed with respect to this transaction.
I very much appreciate your cooperation and prompt assistance in connection with this matter.
Sincerely truly yours,
(Redacted)