1706006 Informal Interpretation

Date

June 29, 2017

Tags:

Competition

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.

Original (76.85 KB)

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,

1706006 Informal Interpretation

Question

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