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0805012 Informal Interpretation
us-ftc-hsr-informal-interpretations-438bee62104f6af64b3b03cf836a3f600805012 Informal InterpretationGuidance
Date
Rule
802.50, 802.51
Response/Comments
Assuming that the target's fiscal year going forward will be calendar year, you would only look at November - December sales.
Question
From: (redacted)
Sent: Tuesday, May 20, 2008 5:25 PM
To: Verne, B. Michael
Subject: ForeignAcquisition Question
Mike:
My client mayacquire a foreign company that started operations in November 2007. Assume allother HSR thresholds are met. Also assume the target has no assets located inthe U.S. The question I have is whether, in light of the fact that target beganoperations in the last 2 months of its last fiscal year, we look only to thelast 2 months of the target's last fiscal year to determine whether the salesthreshold for the 802.50 and 802.51 exemptions are met, or whether we considerits sales into the U.S. from November 2007 to present.
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