8810002 Informal Interpretation

(redacted)

October 18, 1988

Richard Smith
Premerger Notification Office
Bureau of Competition
Federal Trade Commission
6th & Pennsylvania Avenue, NW
Room 303
Washington, D.C. 20580

Re: Premerger Notification Requirements Under the Hart-Scott-Rodino Act

Dear Mr. Smith:

I spoke with you today on the phone regarding the Commissions reporting and notification requirements as they may apply to the acquisition of apartment buildings (redacted). Youadvised me that it is the Federal Trade Commissions policy not to require the premerger notification because the Commission believes apartments and office complexes come within one of the exemptions to the reporting requirements of the Act. You further advised that so long as the apartment or office complex did not have a related retain activity which could be valued in excess of $15,000,000, the office or apartment complex acquisition would fall within the exemption. The apartment complex acquisition my client anticipates has no associated retail activity.

If I have not correctly stated the Federal Trade Commissions current policy with respect to reporting requirements for the acquisition of apartment and office buildings,. Please call or write me so that we may appropriately respond to the Federal Trade Commissions requirements.

Very truly yours,

(Redacted)