Question
(redacted)
April 26, 1983
Wayne Kaplan, Esq.
Staff Attorney
Premerger Notification Office
Bureau of Competition
Federal Trade Commission
Room 301
Washington, D.C. 20580
Re:Hart-Scott-Rodino (HSR) From:
Items 5, 7 and 9
Dear Wayne:
Confirming our telephone conversations of yesterday
and today, you have advised me that it is the working position
of the Federal Trade Commissions Pre-Merger Notification Of-
fice that, in the case of a reporting person whose financial
statements for 1981 were not published until June 1982 (and
whose financial statements for 1982 are not expected to be
published until June 1983, 1981 U.S. dollar revenue data in
response to Items 5(b)(ii), 5(b)(iii) and 5(c) of the HSR
form may be utilized in connection with a filing to be made
during the next several week and such data will be deemed a
complete response for the purposes of Section 803.3 of the
HSR Rules.
You have also advised me that, in the context of a
joint venture, and for the purpose of responding to Item 7 of
the HSR form, an acquiring person in a joint venture must
examine the 4-digit SIC code industries of other acquiring
persons involved in the formation of the joint venture, as
well as the 4-digit SIC code industries in which the acquired
person (i.e. the joint venture) plans to derive U.S. dollar
revenues, to establish the 4-digit SIC code industries for
which responses to Item 7(a)-(c)(v) may be necessary. How-
ever, for purposes of determining the 4-digit SIC code
industries for which prior acquisition information may be
required by Item 9 of the HSR form, an acquiring person in a
joint venture need only consider the 4-digit SIC code
industries in which the acquired person (i.e. the joint
venture) is expected to derive U.S. dollar revenues of
$1 million or more in the most recent year.
Please advise immediately if the foregoing does
not correspond to the Governments views.
Thank you very much for your help in this matter.
(Redacted)