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2301005 Informal Interpretation
us-ftc-hsr-informal-interpretations-1af63c0734acb27374ebd9d7f9d5b5632301005 Informal InterpretationGuidance
Date
Rule
Item 2, 801.30
Response/Comments
For Item 2(d)(iii), please include the range that most accurately describes the size of the transaction that is being reported. The fee would be based on that range and the fee schedule in effect on the date of filing.
Question
From: Musick, Vesselina <vmusick@ftc.gov>
Sent: Friday, January 27, 2023 11:58:47 AM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: Quick HSR Question
For Item 2(d)(iii), please include the range that most accurately describes the size of the transaction that is being reported. The fee would be based on that range and the fee schedule in effect on the date of filing.
From: [Redacted]
Sent: Thursday, January 26, 2023 7:06 PM
To: HSRHelp <HSRHelp@ftc.gov>; 'premerger' <premerger@ftc.gov>
Subject: Quick HSR Question
Good evening,
I have a quick question regarding how we should fill out the form for a filing we want to make tomorrow for an § 801.30(a)(1) open market acquisition. We intend to file at the current $100 million (as adjusted) notification threshold for a transaction size between $202 million and $1,009.8 million. For the upper range for Item 2(d)(iii), what is the appropriate next greatest notification threshold to use given the changing thresholds? Should it be up to $1,009.8 million (based on current thresholds) or should it be up to only $500 million (based on the updated thresholds that will take effect prior to close). Thank you in advance for your time and attention.
Sheinberg, Samuel I. From: H SR Help Sent: Friday, Janu a ry 27, 2023 11 :59 AM To: Wa lsh, Ka th ry n E. ; Berg, Kare n E. ; Shaffer, Kristin; She inberg, Samuel I.; Six, Anne; Whitehead, No ra; Fetterman, Miche ll e Subject: FW: Quick HSR Question From: Mus ick, Vessel ina <vmusick@ftc.gov> Se • Easte rn Time (US & Ca nada ) To: Cc: Subject: RE: Quick HSR Question For Item 2(d)(iii), pl ease include the range that most accurately describes the si ze of the transaction that is being reported. The fee would be ba sed on that range and the fee schedule in effect on the date of filin g. From: Sent: n ay, anuary , - 5:00) Easte rn Time ( US & Ca nada ) To: HSRHe lp < HSRHelp@ftc.gov> ; premerger < premerger@ftc.go v> Subject: RE: Quick HSR Question Good morn ing, W ith apologies for the additional email, I just wanted to check to see if there w as any guidance relat ing to my question copied below . Thank you. -Sent: Thursda y, January 26, 2023 7:06 PM To: HSRHelp <HSRHelp@ftc.go v>; 'premerger' <premerger@ftc.go v> Subject: Quick HSR Question Good evening, I ha ve a qu ick question regarding how we shou ld fi ll out the form for a fi li ng w e w ant to make tomorrow for an § 801.30(a)(1) open market acquisit ion. We intend to file at the current $100 million ( as adjusted) not ification threshold for a transaction size bet ween $202 million and $1,009.8 million . For the upper range for Item 2(d )( iii ), w hat is the appropriate next greatest not ification threshold to use given the changing thresholds? Should it be up to $1,009.8 million (based on current thresholds) or should it be up to only $500 million (based on the updated thresholds that will take effect pr ior to close). Thank you in advance for your t ime and attent ion. 1
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