2503001 Informal Interpretation

Sheinberg, Samuel I.
From:
Sent:
To:
Subject:
HSRHe lp
Friday, March 21, 2025 11 :18 AM
HSR Auto Fo rwa rd List
FW: "P lans and Reports " Question
From: Fette rman, Michelle <mfetterman@ftc.gov>
Sent: Fr iday, March 21, 2025 11:17:43 AM ( UTC-05:00 ) Eastern Time (US & Canada)
To:
Cc: HSRHe lp <HSRHelp @ftc .gov>
Subject: RE: "Plans and Reports" Question
No, Plans and Reports provided to the Board of Directors do not have to be created by or for the fi ler . Both examples
bel ow wo uld be responsive Plans and Reports.
From:
Sent: Wednesday, March 19, 2025 3:35:58 PM ( UTC-05:00 ) Eastern Time ( US & Canada)
To: HSRHelp < HSRHe lp@ftc.gov>
Subject: "Plans and Reports" Question
Good afte rn oon,
We are seeking gu idance regarding t he scope of "Plans and Reports." Specifically, do "Plans and Reports"
h ave t o be created by or for t he filer?
For exa mpl e:
Thanks,
-
A t hird-party industry report (e it her publicly available or for purchase/subscript ion) is provided
to the Board of Directors as part of a package of materials in preparation f or a quarterly
Board meeting. 	The th ird-party industry report analyzes market shares, competit ion,
competito rs, and/or marke ts pertaining to products or services ident ifi ed in t he "Overlap
Descript ion." The th ird -party industry report was prepared for public distribution, and n ot
at t he filer's request or by a t hird party seeking an engagement. 	Is th is a responsive
"Report"?
An article from a prominent newspaper is provided to t he Bo ard of Directors. 	The article
analyzes market shares, competit ion, competitors, and/or markets pertaining to produc ts
or services identified in the "Overlap Description." Is t his a responsive " Report"?
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