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Date
Rule
Form: Transaction-Related Documents
Staff
Premerger Notification Office
Response/Comments

A document that meets the criteria for both a Transaction Related document and a Plan or Report should be treated and provided as a Transaction Related document.

Question

We are preparing an acquiring person form. We have a document that appears to constitute both a Competition Document and a Plan and Report. The old 4(c)/4(d) rules said not to list a document more than once. Does that instruction still apply, or should we list the document both under Transaction Documents and Plans and Reports? If we listed under both, should we refer to the same document number twice, or assign both a D- number and an E- number to the document?

About Informal Interpretations

Informal interpretations provide guidance from PNO staff on the applicability of the HSR rules to specific fact situations. They do not necessarily reflect the position of the Commission. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice. 

Learn more about Informal Interpretations.

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