Question
(redacted)
March 14, 1991
Eric Elmore, Esq.
Premerger Notification Office
Bureau of Competition
Federal Trade Commission
600 Pennsylvania Avenue, NW, Room 303
Washington, D.C. 20580
Re:Hart-Scott-Rodino Antitrust Improvements Act of 1976
Dear Mr. Elmore:
This will acknowledge our telephone conversation of this morning during the course of which you advised me that our clients acquisition of certain subsidiaries of (redacted) for which the Resolution Trust Corporation is acting as receiver, is an exempt transaction under the provisions of Section 7A(c)(4) of the Clayton Act as a transfer from a Federal Agency, so long as the transaction is subject to the approval of the Resolution Trust Corporation.
I spoke this morning with Eric Elmore, Esq., a lawyer in the Federal Trade Commissions Premerger & Notification Office in Washington, D.C. Mr. Elmore called me in response to my letter of acquisition of certain subsidiaries of (redacted) was exempt from the reacquisition notification filing requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 which amended the Clayton Act by adding Section 7(A) thereto (the "Act").
Mr. Elmore advised me that so long as the transaction is subject to the approval of the Resolution Trust Corporation, it is exempt under Section 7A(c)(4) of the Act as a "transfer . . . from a Federal agency."
Thank you for your assistance.
Very truly yours,
cc:Eric Elmore, Esq.
Federal Trade Commission
Premerger & Notification Office
6th & Pennsylvania Avenue, N.W.
Washington, D.C. 20580
cc: (redacted)