0304001 Informal Interpretation

us-ftc-hsr-informal-interpretations-b1b17caf7ab3ac21b0df0f28bafabd1b0304001 Informal InterpretationGuidance

Open source
Date
Rule
803.20 803.21
Staff
Michael Verne
Response/Comments
both parties must respond to the second request (see 803.21), however the 10-day waiting period starts when the acquired person certifies substantial compliance. 4/7/03

Question

Michael Verne
From: (redacted)
Sent: Monday, April 07, 2003 2:48 PM
Cc: (redacted)
Subject: Bankruptcy

Hi Mike - I was hoping that you could confirm myunderstanding of the HSR process in a situation where the acquired person hasfiled under Chapter 11 of the Bankruptcy Code. Please assume that the size ofparties and size of transaction tests are satisfied.

1. The waiting period is 15 days.

2. The 15 day waiting period begins to run afternotification and report forms are filed by both the acquiring and acquiredpersons.

3. If a second request is issued, the waiting period may beextended by 10 days after certification

4. Only the acquiring person must respond to the secondrequest

Thank you.


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