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Date
Rule
802.40; 802.20
Staff
John M. Sipple, Jr.
Response/Comments
Confirmed my contention that filings are not required because the size transaction that is not met and the transaction appears exempt under 802.40

Question

(redacted)

May 12, 1988

FEDERAL EXPRESS

John M. Sipple
Premerger Notification Office
Bureau of Competition
Federal Trade Commission
6th & Pennsylvania Avenue, NW
Room 303
Washington, D.C. 20580

Re: (redacted)

Dear John:

As an update to my letter of may 3, 1988, I am writing to report certain changes in the facts that you and I discussed concerning the participants in the (redacted) None of these changes affects HSR analysis, but I wanted to make sure that your files accurately reflect all participants in the joint venture at the time of its announcement.

In addition to the four Sponsors reported to you in my previous letter (redacted) and (redacted) so will participate as initial Sponsors in (redacted) As we previously discussed, each Sponsor is committed to contribute $13.5 million. The not-for-profit research and development function of the joint venture has not changed. Accordingly, both 802.20 and 802.40 continue to provide separate exemptions from HSR filing.

Announcement of the joint venture has been delayed to allow the participation fo these additional Sponsors. We now expect final formation and announcement during the week of May 16, 1988.

Please contact me if you have any questions. Again I thank you for your cooperation in this matter.

Very truly yours,

(redacted)

(redacted)

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