Konkurencja i konsument · 3/23/2001
Premerger Notification: Reporting and Waiting Period Requirements
The Premerger Notification Office ("PNO") of the Federal Trade Commission ("FTC"), with the concurrence of the Acting Assistant Attorney General in charge of the Antitrust Division of the Department of Justice ("DOJ"), is amending a Formal Interpretation of the Hart-Scott-Rodino Act, which requires persons planning certain mergers, consolidations, or other acquisitions to report information about the proposed transactions to the FTC and DOJ. The Interpretation concerns the reportability of certain transactions involving the formation of a Limited Liability Company ("LLC"), a relatively new form of entity authorized by state statutes, resulting in the combination of businesses into the new LLC. This Formal Interpretation was first published on October 13, 1998, 63 Fed. Reg. 54713. It was subsequently modified and republished on February 5, 1999, 64 Fed. Reg. 5808; and on June 29, 1999, 64 FR 34804. On December 21, 2000, the President signed into law certain amendments to Section 7A(a) of the Clayton Act, 15 U.S.C. 18a(a). See Public Law 106-553, 114 Stat. 2762, effective on February 1, 2001. The current amendments to Formal Interpretation 15 merely reflect the changes in the statuto