2210003 Informal Interpretation

us-ftc-hsr-informal-interpretations-bda77a8d94d7e80ad56c96be4b0c6d262210003 Informal InterpretationGuidance

Date
Rule
Item 4(b)
Staff
Kristin Shaffer
Response/Comments

You may use an endnote to provide the stipulation.

Question

From: Shaffer, Kristin <kshaffer@ftc.gov>
Sent: Wednesday, October 5, 2022 8:13:23 AM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: How on the Form do I stipulate to the size of person?

You may use an endnote to provide the stipulation.

Best regards,

Kristin

From: [Redacted]
Sent: Tuesday, October 4, 2022 8:55:00 PM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Subject: How on the Form do I stipulate to the size of person?

In item 4(b) of the form, the instructions say that if the most recent financial reports do not show sales or assets sufficient to meet the size of prison test, and the size of prison test is relevant given the size of the transaction, the filing person must stipulate in item 4(b) that it meets the test .

My question is how in item 4(b) of the Form do I stipulate to the size of person since there is no check box or other readily apparent mechanism in item 4(b) by which the stipulation can be entered?

Sheinberg, Samuel I.
From: 	HSRHelp
Sent: 	Wednesday, October 5, 2022 8:13 AM
To: 	Wa lsh, Kathryn E.; Berg, Ka ren E. ; Musick, Vessel ina; Sheinberg, Samuel I. ; Six, Anne; Whitehead, Nora;
Fetterman, Miche ll e
Subject: 	FW: How on the Form do I stipulate to the size of person?
From: Shaffer, Kr istin <kshaffe r@ ftc.gov>
Sent: Wednesda , October 5, 2022 8:13:23 AM UTC-05:00) Eastern nme ( US & Canada)
To:
Cc: 	e p < 	e p 	c.gov>
Subject: RE: How on the Fo rm do I stipulate to the size of person?
.ay use an endnote to provide t he stipulation.
Best regards,
Kr istin
Kristin Shaffer
Attorney
Pr emerger Notificat ion Office
Federal Trade Commission
202- 326-2388 I kshaf fer@ftc.gov
From:
Sent: 	ues ay, 	o er 	, 	( UTC-05:00) Easte rn nme ( US & Canada )
To: HSRHe lp < HSRHel p@ftc.gov>
Subject: How on t he Fo rm do I stipulate to the size of person?
In item 4( b) of t he form , t he inst ruc tion s say t hat if the most recent financial report s do not
show sales or assets sufficient to meet the size of prison te st, and the size of prison te st is
re l evant given the size of the t ransaction, the filing person must stipulate in item 4(b ) that it
meet s the test .
My question is how in item 4(b ) of the For m do I stipulate to the size of person since there is no
check box or other read ily apparent me chanism in i tem 4( b) by wh ich the stipulation can be
entered?
Thanks for your help.
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