1606004 Informal Interpretation

Date

June 22, 2016

Tags:

Competition

Rule

Item 5

Staff

Diana Gillis

Response/Comments

The identity of the customer is irrelevant.

If shipping from the US, count in Item 5.

If shipping from a foreign location to the US, don’t count in Item 5, unless the sale is booked by a US entity.

If shipping from a foreign location to a foreign location, don’t count in Item 5, unless the sale is booked by a US entity.

Original Image (51.71 KB)

Question

From: Gillis, Diana L.
Sent: Wednesday, June 22, 2016 1:19 PM
To: [REDACTED]
Cc: [REDACTED]; Walsh, Kathryn E.; Berg, Karen E.; Whitehead, Nora; Storm, Evan; Shaffer, Kristin; Carson, Timothy
Subject: RE: HSR Item 5

The identity of the customer is irrelevant.

If shipping from the US, count in Item 5.

If shipping from a foreign location to the US, don’t count in Item 5, unless the sale is booked by a US entity.

If shipping from a foreign location to a foreign location, don’t count in Item 5, unless the sale is booked by a US entity.

From: [REDACTED]
Sent: Monday, June 20, 2016 4:43 PM
To: Walsh, Kathryn E.; Berg, Karen E.; Gillis, Diana L.; Whitehead, Nora
Cc: [REDACTED]
Subject: HSR Item 5

Dear all,

We had a question concerning how to account for certain revenues in Item 5 of the HSR Form for a foreign multinational shipping company. We reviewed informal interpretation 1408005 but the hypothetical addressed was limited to non-US customers. Does the PNO have a general approach for revenue derived from shipping to and from the US when a shipping company contracts with a US customer?

Thank you very much.

Best regards,

REDACTED]

From: 	Gillis, Diana L.
To:
Cc: 	Walsh, Kathryn E.; Berg, Karen E.; Whitehead, Nora; Storm, Evan; Shaffer, Kristin; Carson, Timothy
Subject: 	RE: HSR Item 5
Date: 	Wednesday, June 22, 2016 1:19:00 PM
Attachments: 	image001.jpg
The identity of the customer is irrelevant.
If shipping from the US, count in Item 5.
If shipping from a foreign location to the US, don’t count in Item 5, unless the sale is booked by a US entity.
If shipping from a foreign location to a foreign location, don’t count in Item 5, unless the sale is booked by a US
entity.
From:
Sent: Monday, June 20, 2016 4:43 PM
To: Walsh, Kathryn E.; Berg, Karen E.; Gillis, Diana L.; Whitehead, Nora
Cc:
Subject: HSR Item 5
Dear all,
We had a question concerning how to account for certain revenues in Item 5 of the HSR Form for a foreign
multinational shipping company. We reviewed informal interpretation 1408005 but the hypothetical addressed
was limited to non-US customers. Does the PNO have a general approach for revenue derived from shipping to
and from the US when a shipping company contracts with a US customer?
Thank you very much.
Best regards,

1606004 Informal Interpretation

Question

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