2507006 Informal Interpretation

us-ftc-hsr-informal-interpretations-4a716ffdb50ea2e092ca7e820afea4c82507006 Informal InterpretationGuidance

Date
Rule
Form: Transaction-Related Documents
Staff
Premerger Notification Office
Response/Comments

A document that meets the criteria for both a Transaction Related document and a Plan or Report should be treated and provided as a Transaction Related document.

Question

We are preparing an acquiring person form. We have a document that appears to constitute both a Competition Document and a Plan and Report. The old 4(c)/4(d) rules said not to list a document more than once. Does that instruction still apply, or should we list the document both under Transaction Documents and Plans and Reports? If we listed under both, should we refer to the same document number twice, or assign both a D- number and an E- number to the document?

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