1311006 Informal Interpretation

us-ftc-hsr-informal-interpretations-24b76c7d0e45ef7f5f8ba95216ed82011311006 Informal InterpretationGuidance

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Date

November 14, 2013

Tags:

Competition

Rule

803.9

Staff

Michael Verne

Response/Comments

1. The acquiring entity can file on behalf of the two UPEs on one form. 2. Two fees unless covered by §803.9(c)

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Question

From: (Redacted)
Sent: Thursday, November 14, 2013 9:52 AM
To: Verne, B. Michael; Walsh, Kathryn
Subject: Question

Mike and Kate-

Quick question for you: Where an acquiring entity is held 50/50 by two UPEs, am I correct that each UPE separately submits a filing, and each pays a separate filing fee (i.e., a total of two fees)? My recollection is that where the acquired entity has two UPEs you only pay one fee, but where the acquiring entity has two UPEs you're stuck with two fees. But I confess it has been a while since this situation has arisen, so I wanted to double check. Thanks in advance. I hope you both are well.

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