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1202008 Informal Interpretation
us-ftc-hsr-informal-interpretations-b8e381da0bea8048b1c17b44474be2741202008 Informal InterpretationGuidance
Date
Rule
802.30
Response/Comments
B's acquisition of the business contributed by A, through its 50% ownership of the JV is reportable. 802.30 is not applicable to B because it is an acquiring person but not an acquired person.
Question
From:
(Redacted)
Sent:
Tuesday, February 14, 2012 4:28 PM
To:
Verne, B. Michael
Cc:
(Redacted)
Subject:
HSR Question Regarding Acquisition by JV
Mike,
Please could you let usknow your view on whether the following acquisition is reportable?
A and Bare 50/50 partnersin a JV. A is selling its X business to the JV, and will remain a 50% holder ofthe JV.
Is the acquisition by theJV exempt as an intra-person transaction as a result of A's control of the JV?Or is B viewed as a separate acquiring person of X, and its acquisitiontherefore reportable?
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