1609004 Informal Interpretation

us-ftc-hsr-informal-interpretations-0e593da3f2ab35ac9e9520d46c9fe51f1609004 Informal InterpretationGuidance

Date

Tags:

Rule
Form; DVD Filing
Staff
Ty Carson
Response/Comments

If filing by DVD:

1. You still have two business days within which to submit original signature pages

2. Do not submit paper versions of copied signature pages, just include PDFs on the DVD, and then submit the original signature pages within two business days of filing

3. Cover letters, certification pages, and the affidavit should be searchable PDFs

4. In addition to applying the filename naming conventions, the first page of each PDF (and Excel file) should be labelled as one would label a paper copy. Basically, if printed, it should look like you had submitted the document in hard copy.

Question

[REDACTED

  1. Yes.
  2. Just include pdfs of the copy signature pages on the DVD, then submit the original signatures within two business days of filing.
  3. The letters, certification and affidavit should be searchable PDFs.
  4. In addition to applying the filename naming conventions, the first page of each PDF should be labelled as one would label a paper copy. We don’t need each additional page of the PDF to be labelled. Basically, if printed, it should look like you had submitted the document in hard copy.

Best regards,

Timothy (Ty) Carson

Bureau of Competition

Federal Trade Commission

400 7th Street, SW

Washington, DC 20024

202.326.2627

tcarson@ftc.gov

From: [REDACTED]
Sent: Thursday, September 08, 2016 11:23 AM
To: Walsh, Kathryn E.
Cc: Berg, Karen E.; Carson, Timothy; Gillis, Diana L.; Shaffer, Kristin; Storm, Evan; Whitehead, Nora
Subject: DVD Filing Process

Kate,

We would like to submit a filing today via DVD and have a few questions:

  1. The Style Sheet says that “if filing by DVD, hard-copy cover letters and original signed certifications and affidavits are required.” Are we still allowed to submit the original signature pages within two business days of filing for DVDs like we can do with hard copies?
  2. If we can submit original signature pages within two business days, should we submit one hard copy of each the certification and affidavit with copy signatures on the day of filing along with two cover letters (one for date-stamp)? Then, submit the original signatures within two business days of filing?
  3. The HSR Instructions state that the HSR Form must be a searchable PDF and that all other files must be in searchable PDF or MS Excel spreadsheet format. Do the cover letters, certification, and affidavit need to be in searchable PDF? (Please note that we plan to include both the FTC and DOJ cover letters in the DVD.)
  4. For the documentary attachments (e.g., Item 3(b) and 4(c) documents), is naming the file name based on item number sufficient (e.g., 3b-1, etc.) or do we also need to include labels within the documents themselves? The style sheet suggests the former.

Thank you,

[REDACTED]

From: 	Carson, Timothy
To:
Cc: 	Berg, Karen E.; Gillis, Diana L.; Shaffer, Kristin; Storm, Evan; Whitehead, Nora; Walsh, Kathryn E.
Subject: 	RE: DVD Filing Process
Date: 	Thursday, September 08, 2016 12:13:43 PM
1. 	Yes.
2. 	Just include pdfs of the copy signature pages on the DVD, then submit the original
signatures within two business days of filing.
3. 	The letters, certification and affidavit should be searchable PDFs.
4. 	In addition to applying the filename naming conventions, the first page of each PDF should
be labelled as one would label a paper copy. We don’t need each additional page of the PDF
to be labelled. Basically, if printed, it should look like you had submitted the document in
hard copy.
Best regards,
Timothy (Ty) Carson
Bureau of Competition
Federal Trade Commission
400 7th Street, SW
Washington, DC 20024
202.326.2627
tcarson@ftc.gov
From:
Sent: Thursday, September 08, 2016 11:23 AM
To: Walsh, Kathryn E.
Cc: Berg, Karen E.; Carson, Timothy; Gillis, Diana L.; Shaffer, Kristin; Storm, Evan; Whitehead, Nora
Subject: DVD Filing Process
Kate,
We would like to submit a filing today via DVD and have a few questions:
1. 	The Style Sheet says that “if filing by DVD, hard-copy cover letters and original signed
certifications and affidavits are required.” Are we still allowed to submit the original signature
pages within two business days of filing for DVDs like we can do with hard copies?
2. 	If we can submit original signature pages within two business days, should we submit one hard
copy of each the certification and affidavit with copy signatures on the day of filing along with
two cover letters (one for date-stamp)? Then, submit the original signatures within two business
days of filing?
3. 	The HSR Instructions state that the HSR Form must be a searchable PDF and that all other files
must be in searchable PDF or MS Excel spreadsheet format. Do the cover letters, certification,
Complete printed PDF page 1
and affidavit need to be in searchable PDF? (Please note that we plan to include both the FTC
and DOJ cover letters in the DVD.)
4. 	For the documentary attachments (e.g., Item 3(b) and 4(c) documents), is naming the file name
based on item number sufficient (e.g., 3b-1, etc.) or do we also need to include labels within the
documents themselves? The style sheet suggests the former.
Thank you,
Complete printed PDF page 2

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