1204009 Informal Interpretation

us-ftc-hsr-informal-interpretations-1f829511550affba4f26373f51d8a5e71204009 Informal InterpretationGuidance

Open source
Date
Rule
801.1(a)(2)
Staff
Michael Verne
Response/Comments
No -that changed with the 2011 Form change rulemaking. An LLC engaged in commerce is treated the same as a corporation engaged in commerce, so any acquisition made through the LLC is reportable, with the LLC as the acquiring UPE. If the acquisition was being made directly by the tribe, it would not be reportable. See 801.1 (a)(2) http://www.gpo.gov/fdsys/pkg/FR-2011-07-19/pdf/2011-17822.pdf

Question

From: (redacted)
Sent: Monday, April 23, 20129:35 AM
To: Verne, B. Michael
Subject: Interpretation 0403009

Mike,hope all is well with you. I just wanted to confirm that interpretation 0403009continues to express the views of the PNO, such that my client, a federallyrecognized Indian tribe, may, through a wholly owned limited liability company,acquire an energy-related company without the requirement to make an HSRfiling. 



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