0603012 Informal Interpretation

us-ftc-hsr-informal-interpretations-4b0f81348e80237322af898258d694960603012 Informal InterpretationGuidance

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Date
Rule
Form Item 4(c)
Staff
Michael Verne
Response/Comments
Ordinary course document are not 4(c) for the party that prepares them. But could be for the other party if a copy is given to them.

Question

From: (redacted)

Sent: Thursday, March 16, 2006 10:45 AM

To: Verne, B.Michael

Subject:Question re Item 4(c)

Mike,

I understand that the PNOhas taken the view that a regularly prepared business plan (for example, an annualstrategy plan), prepared by or for an officer of one of the parties aftersigning of the purchase agreement but before filing HSR is not required to beproduced pursuant to Item 4(c) even if it has 4(c) content relating to thetransaction (for example, market shares), because it is not "prepared forthe purpose of evaluating or analyzing the transaction."

Can you please confirm thatmy understanding is correct? Many thanks,

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