1810002 Informal Interpretation

1
Sheinberg, Samuel I.
From: 	HSRHelp
Sent: 	Wednesday, October 24, 2018 7:42 PM
To: 	Walsh, Kathryn E.; Berg, Karen E.; Carson, Timothy; Shaffer, Kristin; Sheinberg, Samuel I.;
Whitehead, Nora
Subject: 	FW: HSR Item 4 Question
From: Shaffer, Kristin <kshaffer@ftc.gov>
Sent: Wednesday, October 24, 2018 2:56 PM
To:
Cc:
Subject: RE: HSR Item 4 Question
PNO does not require parties to search for and submit texts. However, since you know you have texts with responsive 4c
content, you may voluntarily produce them as described or note that they exist in a footnote.
Best regards,
Kristin
Kristin Shaffer
Attorney
Premerger Notification Office
Federal Trade Commission
202‐326‐3434 | kshaffer@ftc.gov
From:
Sent: Tuesday, October 23, 2018 1:00:54 PM (UTC-05:00) Eastern Time (US & Canada)
To:
Cc:
Subject: HSR Item 4 Question
Dear PNO Team,

2
We have a general question regarding the submission of text messages with Item 4 responsive content. We searched
through the informal interpretations, but did not find any on point. Since text messages are generally a back and forth
conversation, which can take place over weeks, months or even years, what is the appropriate amount of texts to
provide when only a single text within the string contains Item 4 content?
In our present circumstance, we have screen shots of the text messages, and we would propose including all the back
and forth text messages (from both parties, even if they do not contain Item 4 content) that make up the specific
conversation/topic, which all takes place on the same day. Is that acceptable, or does the PNO have other guidelines
that we should follow for submitting text messages?
Best regards,
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