Federal Trade Commission March 8, 2005 – Federal Register Recent Federal Regulation Documents

Premerger Notification; Reporting and Waiting Period Requirements
Document Number: 05-4302
Type: Rule
Date: 2005-03-08
Agency: Federal Trade Commission, Agencies and Commissions
The Federal Trade Commission is amending the premerger notification rules, which require the parties to certain mergers or acquisitions to file reports with the Commission and with the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice and to wait a specified period of time before consummating such transactions, pursuant to section 7A of the Clayton Act (``the Act''). The filing and waiting period requirements enable these enforcement agencies to determine whether a proposed merger or acquisition may violate the antitrust laws if consummated and, when appropriate, to seek a preliminary injunction in federal court to prevent consummation. This rulemaking introduces a number of changes that attempt to reconcile, as far as is practical, the current disparate treatment of corporations, partnerships, limited liability companies and other types of non-corporate entities under the rules, particularly in the areas of acquisitions of interests in these entities; formations of the entities; and the application of certain exemptions, including the intraperson exemption. This rulemaking also makes technical corrections in other provisions in the rules.
Premerger Notification; Reporting and Waiting Period Requirements
Document Number: 05-4301
Type: Notice
Date: 2005-03-08
Agency: Federal Trade Commission, Agencies and Commissions
The Premerger Notification Office of the Federal Trade Commission, with the concurrence of the Assistant Attorney General in charge of the Antitrust Division of the Department, is issuing this Formal Interpretation of the Hart-Scott-Rodino Act to repeal Formal Interpretation 15, which governs the reportability of certain transactions involving the formation of a Limited Liability Company (``LLC''). All transactions involving LLCs will be governed by 16 CFR parts 801, 802 and 803 beginning on the effective date of this notice.
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