1706006 Informal Interpretation

us-ftc-hsr-informal-interpretations-4a50c701f3a36c2d43b120e6a9cacb9c1706006 Informal InterpretationGuidance

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Date

Tags:

Rule
801.30, 803.12
Staff
Diana Gillis
Response/Comments

As long as the terms have not changed, a new notice letter is not necessary. The new affidavit can reference the original notice letter.

Question

From: Gillis, Diana L.

Sent: Thursday, June 29, 2017 1:44 PM

To: [Redacted]; Walsh, Kathryn E.; Berg, Karen E.; Carson, Timothy; Shaffer, Kristin;

Storm, Evan; Whitehead, Nora

Subject: RE: Pull-and-Refile Question

As long as the terms have not changed, a new notice letter is not necessary. The new affidavit can reference the original notice letter.

From: [Redacted]

Sent: Thursday, June 29, 2017 1:33 PM

To: Gillis, Diana L.; Walsh, Kathryn E.; Berg, Karen E.; Carson, Timothy; Shaffer, Kristin; Storm, Evan; Whitehead, Nora

Subject: Pull-and-Refile Question

Hello everyone,

If an acquiring person in a transaction subject to 16 C.F.R. 801.30 opts to pull‐and‐refile its HSR filing, does it need to resend notice to the acquired person who has already submitted its HSR filing? I did not see anything about this in the rules or PNPM or on the PNO’s website. If no new notice is required, should the new affidavit simply refer to the initial notice that was sent?

Thank you,

[Redacted]

1
Haynes, Lanea
From: 	Gillis, Diana L.
Sent: 	Thursday, June 29, 2017 1:44 PM
To: 	Walsh, Kathryn E.; Berg, Karen E.; Carson, Timothy; Shaffer, Kristin;
Storm, Evan; Whitehead, Nora
Subject: 	RE: Pull-and-Refile Question
As long as the terms have not changed, a new notice letter is not necessary. The new affidavit can reference the original
notice letter.
From:
Sent: Thursday, June 29, 2017 1:33 PM
To: Gillis, Diana L.; Walsh, Kathryn E.; Berg, Karen E.; Carson, Timothy; Shaffer, Kristin; Storm, Evan; Whitehead, Nora
Subject: Pull-and-Refile Question
Hello everyone,
If an acquiring person in a transaction subject to 16 C.F.R. 801.30 opts to pull‐and‐refile its HSR filing, does it need to re‐
send notice to the acquired person who has already submitted its HSR filing? I did not see anything about this in the
rules or PNPM or on the PNO’s website.
If no new notice is required, should the new affidavit simply refer to the initial notice that was sent?
Thank you,
Complete printed PDF page 1

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