us-ftc-hsr-informal-interpretations-df4847a8d26cb3c04c47d5eedc8d16bf•2504008 Informal Interpretation
2504008 Informal Interpretation
us-ftc-hsr-informal-interpretations-df4847a8d26cb3c04c47d5eedc8d16bf2504008 Informal InterpretationGuidance
For products or services that do not generate revenue or whose performance is not measured by revenue in the ordinary course of business, the instructions permit other metrics by which the filing person measures performance. The filing person is in the best position to determine an appropriate measure of performance and how to measure top customers based on business realities. If the filing person’s response uses a measure other than sales dollars, please note that in the Form.
Question
In preparing a Pre-Merger Notification for financial institutions, in the Overlap Description, I am unable to find any guidance regarding Competing Product or Service since these are not “sales” Would it be sufficient to provide the amount of interest income earned on savings accounts, and the amount of interest income earned on loans? Also, for these products, I am not clear how to determine who the top 10 customers are. Would this be based on who has the largest deposit and who has the greatest loan volume?
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