0205022 Informal Interpretation

us-ftc-hsr-informal-interpretations-887a2790b5cad1d6cad38356ebbd504d0205022 Informal InterpretationGuidance

Open source
Date
Rule
802.50
Staff
B. Michael Verne
Response/Comments
Advised that in the above scenario, both the US and foreign assets would be held as a result of the acquisition. The sales attributable to the U.S. assets are irrelevant to the analysis.

Question

From: (redacted)

To: Michael Verne

Date: 5/13/02 8:29AM

Subject: New Foreign filing requirements

Mike:

I have a deal where the foreign buyer is acquiring assets from a foreign company and the assets are located both in the US and abroad. Let's assume it is a division of a company that is being purchased. Would I look at this as two separate transactions -- one based on US assets and the other on the foreign assets for purposes of determining the nexus to US test. Let's assume that the US assts generate less than $50 million in sales and that the foreign assets generate more than $50 in US sales. Would you the reportable deal include the US based assets or just the foreign assets? 

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