Question
(redacted)
May 21, 1999
Richard B. Smith
Premerger Notification Office
Bureau of Competition
Federal Trade Commission
6th & Pennsylvania Avenue, NW, Room 303
Washington, D.C. 20580
Re: HSR Issue
Dear Mr. Smith:
This letter is to confirm the conclusion reached during our telephone conversation of this morning. The facts, as I related them, are that pre-merger notification was recently filed, and early termination granted, for the sale of (redacted) a wholly-owned subsidiary of (redacted) to (redacted) by way of a sale of the voting stock of the acquired company. That transaction has now been converted to a sale of the assets of the company, with all other facts remaining as above.
You confirmed that the change in the mechanism of the sale, from voting securities to assets, does not change the antitrust analysis and therefore does not require a new or modified pre-merger notification.
Thank you again for your assistance in this matter.
Sincerely,
(redacted)
cc:(redacted)