us-ftc-hsr-informal-interpretations-bf67d6c0ac79f83f9ff6192edf8e8e7a•2506010 Informal Interpretation
2506010 Informal Interpretation
us-ftc-hsr-informal-interpretations-bf67d6c0ac79f83f9ff6192edf8e8e7a2506010 Informal InterpretationGuidance
The Acquired Person should only check the “Not Applicable, Select 801.30 Transaction” box if the transaction is a Select 801.30. And yes, in the Overlap Description section, the Acquired Person should describe the target’s principal categories of products or services even if there is no overlap identified; you can respond with “none” in the remaining boxes.
Question
I have a question about the new HSR Form.
For a transaction that (1) is not a “Select 801.30 Transaction”, and (2) there is no overlap / no supply relationship, is it proper for the Acquired Person to check the box Not Applicable, Select 801.30 Transaction under the COMPETITION DESCRIPTIONS section because there is no overlap or supply relation? Or, is it only proper for the Acquired Person to check that box where the transaction is a “Select 801.30 Transaction”? If the latter, should the Acquired Person describe the target’s principal categories of products or services even if there is no overlap / no supply relationship?
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