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Date
Rule
802.21
Staff
Nora Whitehead
Response/Comments

Yes, it does.

Question

From: Whitehead, Nora <nwhitehead@ftc.gov>
Sent: Thursday, March 14, 2024 1:53:50 PM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: Application of Rule 802.21 to Post-Consummation HSR Filings

Yes, it does.

From: [Redacted]
Sent: Thursday, March 14, 2024 1:44:36 PM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Subject: Application of Rule 802.21 to Post-Consummation HSR Filings

Good afternoon. I am writing with a question concerning when the 5-year period in Rule 802.21 begins to run where an acquiring party has submitted a post-consummation HSR filing. Informal Interpretation No. 0909010 provides that the 5-year period begins to run from the expiration of the waiting period for the post-consummation filing. I would appreciate if you could confirm whether this interpretation reflects the current position of the Premerger Office. Thank you.

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.

Learn more about Informal Interpretations.