17010003 Informal Interpretation

us-ftc-hsr-informal-interpretations-573078f8a802c2e5daee115c443eb7b817010003 Informal InterpretationGuidance

Date

Tags:

Rule
803.10
Staff
Diana Gillis
Response/Comments

The same rule applies for all transactions; 801.30s are not treated differently – if either party asks for ET, it can be granted.

Question

Hi [REDACTED], the same rule applies for all transactions; 801.30s are not treated differently – if either party asks for ET, it can be granted.

-Diana

From: [REDACTED]
Sent: Tuesday, January 10, 2017 9:46 AM
To: Gillis, Diana L.
Subject: Federal Register Publication of Transaction Detail

Diana,

I hope you don’t mind the email. In non-801.30 transactions, I know that if either party asks for early termination, that is sufficient to allow the PNO to grant early termination. PNPM 231. In the 801.30 context (e.g., open market purchase of stock), however, if the acquiring person does not ask for early termination but the acquired person does, will the PNO respect the acquiring person’s election, ignore the acquired person’s request, and not grant early termination (and so not publish the fact of the transaction in the Federal Register and on the FTC’s website)?

Thanks for your help.

[REDACTED]

From: 	Gillis, Diana L.
To:
Subject: 	RE: Federal Register Publication of Transaction Detail
Date: 	Tuesday, January 10, 2017 9:48:00 AM
Hi 	, the same rule applies for all transactions; 801.30s are not treated differently – if either
party asks for ET, it can be granted.
-Diana
From:
Sent: Tuesday, January 10, 2017 9:46 AM
To: Gillis, Diana L.
Subject: Federal Register Publication of Transaction Detail
Diana,
I hope you don’t mind the email. In non-801.30 transactions, I know that if either party asks
for early termination, that is sufficient to allow the PNO to grant early termination. PNPM
231. In the 801.30 context (e.g., open market purchase of stock), however, if the acquiring
person does not ask for early termination but the acquired person does, will the PNO
respect the acquiring person’s election, ignore the acquired person’s request, and not grant
early termination (and so not publish the fact of the transaction in the Federal Register and
on the FTC’s website)?
Thanks for your help.
Complete printed PDF page 1

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