1911006 Informal Interpretation

us-ftc-hsr-informal-interpretations-01c64907bf6d4817fd6027b8216633e71911006 Informal InterpretationGuidance

Open source
Date

Tags:

Rule
803.12
Staff
Anne Six
Response/Comments

1. Yes, the request for early termination can be made in the cover letter accompanying the refiling. Please call out that a change is being made from the original filing.

2. Yes, the refiled form should reflect the new request for early termination.

Question

From: Six, Anne


Sent: Monday, November 25, 2019 1:39:44 PM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Cc: [Redacted]


Subject: RE: Pull and Refile + Early Termination

[Redacted]

1. Yes, the request for early termination can be made in the cover letter accompanying the refiling. Please call out that a change is being made from the original filing.

2. Yes, the refiled form should reflect the new request for early termination.

From: [Redacted]


Sent: Monday, November 25, 2019 11:04:46 AM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Subject: Pull and Refile + Early Termination

My understanding is that a party may request early termination at any time. However, I have two questions about how an acquirer should go about requesting early termination when it is pulling and refiling but its initial filing did not include a request for early termination.

  1. I understand that a letter or email needs to be sent to both PNO and DOJ to request early termination after submitting a filing, but in the case of a pull and refile, can that notice of the change to early termination be in the cover letter accompanying the refiling, or does it need to be in a separate letter or email (solely about the request for early termination)?
  2. Should the refiled form include the change for the request for early termination (i.e., a change from “NO” in the initial form to “YES” in the refiled form)?


Complete printed PDF page 1

2
1. 	I understand that a letter or email needs to be sent to both PNO and DOJ to request early termination after
submitting a filing, but in the case of a pull and refile, can that notice of the change to early termination be in
the cover letter accompanying the refiling, or does it need to be in a separate letter or email (solely about the
request for early termination)?
2. 	Should the refiled form include the change for the request for early termination (i.e., a change from “NO” in the
initial form to “YES” in the refiled form)?
Best regards,

Complete printed PDF page 2
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