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Date
Rule
Item 6(a)
Staff
Michelle Fetterman
Response/Comments

If this is a filing for the acquired person, you should list the acquired entity and all entities within it, not all the subsidiaries of the acquired person. 

Question

From: Fetterman, Michelle <mfetterman@ftc.gov>
Sent: Tuesday, May 2, 2023 12:55:46 PM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Subject: RE: HSR Filing - Item 6(a)

If this is a filing for the acquired person, you should list the acquired entity and all entities within it, not all the subsidiaries of the acquired person.


From: [Redacted]
Sent: Monday, May 1, 2023 1:37:11 PM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Cc: [Redacted]
Subject: HSR Filing - Item 6(a)

Hello!

I have a question regarding the notification form. Item 6(a) calls for us to list subsidiaries of the filing person. The instructions direct us to list the name, city and state/country of all US entities, and all foreign entities that have sales in or into the US that are included within the person filing notification. Will you please confirm that this means we should include the entity(s) being acquired if the acquired entity is not its own UPE?

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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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