Question
(redacted)
via Federal Express
Richard Smith
Premerger Notification Office
Bureau of Competition
Federal Trade Commission
600 Pennsylvania Avenue, NW, Room 303
Washington, D.C. 20580
Dear Mr. Smith:
This letter will confirm the telephone discussion yesterday among you, me and my partner (redacted).
We inquired concerning the interpretation of 801.10(c)(2) of the Hart-Scott-Rodino regulations concerning the definition of "acquisition price." Our interpretation was that a finders fee paid by the purchaser to a third party not affiliated ...assets to be acquired, but rather would be consideration for services rendered and, therefore, would not be part of the acquisition price for purpose of 801.10(c)(2). You stated that to your knowledge the Commissions staff had not been asked this question before, and that your agreed with the above interpretation.
Please be good enough to write to me if you consider that the forgoing does not accurately reflect our conversation or if the Commission or the staff disagrees with this interpretation of the regulations definition. Please not that on May 19, our firm will be moving (redacted).
Thank you for your cooperation.
cc: (redacted)