0606015 Informal Interpretation

us-ftc-hsr-informal-interpretations-4de508dd81ed32e01cf514f36226cc7e0606015 Informal InterpretationGuidance

Open source
Date
Rule
801.2
Staff
Michael Verne
Response/Comments
Yes A would have to get a separate certification from B and submit the boilerplate letter I sent. The parties can put conditional language in the affidavit.

Question

From: (redacted)

Sent: Friday, June 30, 20062:46 PM

To: Verne,B. Michael

Cc: (redacted)

Subject: HSRTiming Question

Dear Mike:

I have a timing question for you.

Company A plans to be a bidder for Company B, whichconsists of several divisions. Prior to the bidding, Company C, will enter intoa contract with Company A to purchase one of the divisions of Company B, subjectto the condition that Company A actually acquires Company B. As I understandInformal Interpretation 262, an HSR notification can be filed for the CompanyC/Company A transaction even before Company A knows whether it will besuccessful in its bid for Company B. Can you please confirm that myunderstanding is correct?


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