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Date
Rule
802.2
Staff
Michael Verne
Response/Comments

Must be public road.

Question

From: (redacted)

Sent: Monday, October 09, 2006 8:51 PM

To: Verne, B. Michael

Subject: 802.2(c) - Unproductive Property Exemption

Hi Mike,

A couple of informal opinions (https://www.ftc.gov/enforcement/premerger-notification-program/informal-interpretations/0603026 and https://www.ftc.gov/bc/hsrlinformal/opinions/9906010.htm) indicate that when determining whether parcels of real estate are contiguous for purposes of applying 802.2(c)(1), that property separated by a road will be treated as two separate parcels for purposes of the $5 million revenue test and the revenues of the two separate parcels need not be aggregated. Must the road be a government or public road or of any given size?

About Informal Interpretations

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.

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