1906008 Informal Interpretation

us-ftc-hsr-informal-interpretations-e16d895364dc9b86bae277fad367d7831906008 Informal InterpretationGuidance

Date

Tags:

Rule
Item 5, Item 4
Staff
Sam Sheinberg
Response/Comments

Yes, you can allocate the revenue and please provide and endnote to explain. You are correct that this is still our position with respect to text messages.

Question

From: Sheinberg, Samuel I.


Sent: Wednesday, June 26, 2019 7:06 AM


To: [Redacted]


Cc: [Redacted]


Subject: RE: Items 5(a) and 4(c) Questions

[Redacted]

Yes, you can allocate the revenue and please provide and endnote to explain. You are correct that this is still our position with respect to text messages.

Sam Sheinberg

Attorney

Premerger Notification Office

From: [Redacted]


Sent: Tuesday, June 25, 2019 4:48:17 PM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Cc: [Redacted]


S
ubject: Items 5(a) and 4(c) Questions

Hi Everyone,

We have another couple quick HSR questions:

  1. Our client breaks down revenue by source in its accounting software, but a small amount of its revenue was not classified when entered and the company does not have a mechanism for tracking down which NAICS code it would be associated with. This revenue would not be derived within a new/unique NAICS code, but rather would be allocated amongst the existing codes that are being reported. Should we allocate this revenue proportionately with the existing codes or take another approach? We would of course provide an endnote explaining whichever methodology you would recommend.
  2. Can you confirm that the attached guidance (that filers need not provide text message correspondence) is current?

Thank you again for the assistance.

1
Sheinberg, Samuel I.
From:
Sent: 	Wednesday, June 26, 2019 11:29 AM
To: 	Walsh, Kathryn E.; Berg, Karen E.; Carson, Timothy; Sheinberg, Samuel I.; Six, Anne;
Whitehead, Nora; Olson, Eric
Subject: 	FW: Items 5(a) and 4(c) Questions
From: Sheinberg, Samuel I. [mailto:SSHEINBERG@ftc.gov]
Sent: Wednesday, June 26, 2019 7:06 AM
To:
Cc:
Subject: RE: Items 5(a) and 4(c) Questions
Yes, you can allocate the revenue and please provide and endnote to explain. You are correct that this is still our
position with respect to text messages.
Sam Sheinberg
Attorney
Premerger Notification Office
From:
Sent: Tuesday, June 25, 2019 4:48:17 PM (UTC-05:00) Eastern Time (US & Canada)
To:
Cc:
Subject: Items 5(a) and 4(c) Questions
Complete printed PDF page 1
2
Hi Everyone,
We have another couple quick HSR questions:
1. 	Our client breaks down revenue by source in its accounting software, but a small amount of its revenue was not
classified when entered and the company does not have a mechanism for tracking down which NAICS code it
would be associated with. This revenue would not be derived within a new/unique NAICS code, but rather
would be allocated amongst the existing codes that are being reported. Should we allocate this revenue
proportionately with the existing codes or take another approach? We would of course provide an endnote
explaining whichever methodology you would recommend.
2. 	Can you confirm that the attached guidance (that filers need not provide text message correspondence) is
current?
Thank you again for the assistance.
Complete printed PDF page 2

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