0307005 Informal Interpretation

us-ftc-hsr-informal-interpretations-bf9789c65de29d612d504cfa43b360940307005 Informal InterpretationGuidance

Date
Rule
802.51(b) and 801.40
Staff
Nancy Ovuka
Response/Comments
07/14/03 Advised writer that this letter reflects the current position of the PNO. MV concurs

Question

July 11, 2003

BY FACSIMILE

Nancy M. Ovuka,

Premerger Notification Office

Federal Trade Commission

600 Pennsylvania Avenue, N.W.

Washington, D.C. 20580

Dear Ms. Ovuka:

Thank you for your assistance earlier this week. This will confirm the advice you provided concerning the applicability of Section 802.51(b) to the formation of a joint venture corporation. Based upon our discussions, it is my understanding that the Premerger Notification Office continues to take the position that sales in or into the United States attributable to foreign assets being contributed to a new joint venture corporation are not considered sales of the newly formed issuer for purposes of the exemption under 16 C.F.R. 802.51(b)(1), if the contributed assets do not constitute all or substantially all of the assets of a pre-existing entity.

Please let me know if I have incorrectly summarized the PNO's position. Thank you again for your assistance.


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