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.
Displaying 1661 - 1680 of 4604
Date
Rule
801.1
Agree. UPDATE June 1, 2016: This no longer represents the position of the PNO. Please see https://www.ftc.gov/news-events/blogs/competition-matters/2016/05/corpo…...
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(109.85 KB)
Date
Rule
15 USC 18a(c)(6) - 7A(c)(6), 802.30
Point #1. This would not be 802.30 unless the new shares are going to a controlling shareholder. If the new issue of stock is pro-rata to all shareholders, 7A(c)(10) would exempt it. 1. First question...
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(98.25 KB)
Date
Rule
801.10, 802.4
I agree that the transaction is not reportable, but you are mixing apples and oranges in your explanation of the analysis. Rule 802.4 has nothing to do with the size-of-transaction which is $68.7 MM...
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(183.17 KB)
Date
Rule
801.10
I think #2 is a reasonable approach. The FMV is what you would pay up front (without any future contingency), weighing the possibility that the deal may tank if government approvals are not received...
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(91.89 KB)
Date
Rule
801.1(b), 801.11(c)
Agree with both.
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(109.49 KB)
Date
Rule
15 USC 18a(c)(4) - 7A(c)(4), 801.4
1. The indirect acquisition of more than 50% of the voting securities of the corporation would still be exempt because the acquired person is the state agency which is not an entity. 2 The secondary...
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Original Image File
(45.74 KB)
Date
Rule
802.10
Refer to comments.
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(60.88 KB)
Date
Rule
801.2
Agree with both conclusions.
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(49.34 KB)
Date
Rule
801.10
The analysis is correct. Do not include the capital lease in valuing the voting stock. MV agrees.
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(30.81 KB)
Date
Rule
801.2
An exclusive distribution agreement coupled with an exclusive license to use the trademark in connection only with distributing the product is not the acquisition of an asset.
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(67.64 KB)
Displaying 1661 - 1680 of 4604