Question
By Telecopier
*CONFIDENTIAL*
(redacted)
June 16, 1993
Premerger Notification Office
Bureau of Competition
Federal Trade Commission
Washington, D.C. 20580
Phone: 202-326-3100
Fax : 202-326-2050
Subject: (redacted) share purchase of its minority-owned U.S. joint venture company
Dear Sirs,
We, (redacted), would like to know whether a premerger notification is required to file with your offices and Department of Justice or not under the Hart Scott Rodino Act, with respect to the planned share purchase as described below. Please kindly inform us of your advice.
1.In 1987, (redacted) hereinafter called (redacted) established a 49%-51% joint venture corporation, named (redacted) with a paid-in capital of $2,500,000. (Redacted) has owned 49% and (redacted) has owned 51% shares of (redacted). In the year of establishment (redacted) had $37,000 in the net sales, and $2,661,000 in the total asset.
2.At present, (redacted) has $22,778,000 in the net sales and $17,339,000 in the total assets. Its paid-in capital is $15,000,000.
3.(Redacted) with the consolidated net sales of 13,961 million and the consolidated total assets of 14,770 million is planning to purchase 46% shares of (redacted) from (redacted) at the price of approximately $6 million and raise its equity at CBC from 49% to 95%.
4.Should (redacted) make a premerger notification?
If any additional information is necessary, please let me know. Since we have not yet retained a U.S. law firm, please provide your advise, or question directly to me by fax or letter.
Thank you in advance for your cooperation.
Sincerely yours,
(redacted)
cc: (redacted)