Konkurencja i konsument · 24.09.1999
Premerger Notification: Reporting and Waiting Period Requirements
The Premerger Notification Office (``PNO'') of the Federal Trade Commission (``FTC''), with the concurrence of the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice (``DOJ,'' collectively, ``the enforcement agencies''), is issuing Formal Interpretation 16 addressing the number of original affidavits and certification pages which must accompany Premerger Notification filings. Section 803.5 of the Premerger Notification rules (``the rules'') requires all acquiring persons in transactions falling under Sec. 801.30 and all parties to non-Sec. 801.30 transactions to submit certain affidavits with their premerger notification filings. Section 803.6 of the rules requires a notarized certification for such filings. The PNO has required that each copy of the form be submitted with an original affidavit and certification. Pursuant to Formal Interpretation 16, from now on the PNO will require that one original affidavit and one original certification page accompany one of the two copies of the form submitted to the FTC. The other affidavits and certification pages may be duplicates. Only the originals need be separately notarized.