0304002 Informal Interpretation

us-ftc-hsr-informal-interpretations-58b83514d820ffca74ee85bca54d657a0304002 Informal InterpretationGuidance

Open source
Date
Rule
Item 5
Staff
Michael Verne
Response/Comments
If substantially all of the assets of an entity were sold do not report any Item 5 revenue, even if shell remains.

Question

From: (redacted)
Sent: Monday April 7., 2003 11:08 AM

To: Michael Verne
Subject: HSR Question

Michael,

Please respond to the following question at your earliest convenience.

For purposes of 1997 Data, I am aware that we need to include information for newly acquired entities, but the instructions don't comment on the use of entities we have sold. Assuming the answer is that we don't need to include such revenues, will we nevertheless need to include such data if the operating subsidiaries or assets were sold, but the immediate parent shell remains (and still holds some of the proceeds from the sale)?

Thank you,


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