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Advisory Opinions

Elkhart General Hospital

Date

June 13, 1994

re: Sales of pharmaceuticals by non-profit hospital to hospital operated home health care program

HSR Informal Interpretations

9406003 Informal Interpretation

Date

June 9, 1994

Rule

801.15

6/9/94 - Called letter writer and advised that I was in agreement with the analysis and conclusions in this letter. [note 1-site sketch]

Original Image File (187.74 KB)

HSR Informal Interpretations

9406001 Informal Interpretation

Date

June 8, 1994

Rule

801.2

6/8/94 I called (redacted) and confirmed that the above-stated opinion constitutes the policy of the Premerger Notification Office and is not binding on the Commission.

Original Image File (60.82 KB)

HSR Informal Interpretations

9406002 Informal Interpretation

Date

June 8, 1994

Rule

801.1(b)(2); 801.1(c)(4); 801.11(b)(1) and (2)

6/8/94-Advised writer that I agreed with his conclusion that Mrs. A did not have the contractual power to designate (or to vote in) 50% or more of the directors of the Corporation or the trustees of...

Original Image File (171.05 KB)

HSR Informal Interpretations

9405013 Informal Interpretation

Date

June 3, 1994

Rule

801.2(d)

6/3/94 - Advise author that letter correctly reflects the PMN position on non-profit merger except that in the next to last paragraph, where A would be acquiring the assets of non-profits B and C, two...

Original Image File (98.54 KB)

Advocacy Filings

FTC Staff Comment Before the American Bar Association Concerning Attorney Advertising

Date

June 1, 1994

Matter Number

V940012

FTC Staff Comment Before the American Bar Association Concerning Attorney Advertising (10.5 MB)

Advocacy Filings

FTC Staff Comment Before the California Public Utilities Commission Concerning Electricity Industry Restructuring

Date

June 1, 1994

Matter Number

V940015

FTC Staff Comment Before the California Public Utilities Commission Concerning Electricity Industry Restructuring (40.43 MB)

HSR Informal Interpretations

9405010 Informal Interpretation

Date

May 31, 1994

Rule

801.40

See below 5/31 Called writer; Step 1 is formation of a non-corp - not reportable

Original Image File (83.08 KB)

HSR Informal Interpretations

9405011 Informal Interpretation

Date

May 26, 1994

Rule

7A(c)(1); 802.1(b); 801.15

5/26/94 - advised writer that his conclusion was correct. (Redacted) are "realty", and payments for such can be subtracted from acquisition price under 801.15 reference to 7A(c)(1). Remaining assets...

Original Image File (99.32 KB)

Cases and Proceedings

Orkin Exterminating Company, Inc.

Federal Trade Commission Decisions, Volume 117, Page 747

Type of Action

Federal

Last Updated

May 25, 1994

HSR Informal Interpretations

9405009 Informal Interpretation

Date

May 23, 1994

Rule

801.10(c)(2)

See below 5/23/94 Discussed w/PS, who concurred that the letter correctly states current PNO policy. I called and informed (redacted) on 5/23/94 -

Original Image File (118.58 KB)

HSR Informal Interpretations

9405006 Informal Interpretation

Date

May 19, 1994

Rule

801.11(e); 802.20

No response provided.

Original Image File (113.32 KB)

HSR Informal Interpretations

9405007 Informal Interpretation

Date

May 18, 1994

Rule

801.11(c)(2)

See below 5/18/94 Advised writer that PMN Office agreed with his conclusion. (Discussed with John Sipple who concurred in conclusion). R.B. Smith

Original Image File (91.07 KB)

HSR Informal Interpretations

9405008 Informal Interpretation

Date

May 17, 1994

Rule

801.10(c)(2)

See below 5/17/94 Advised writer that I disagreed with his conclusion. Estimated future health care cost reimbursement amounts must be included as a liability assumed by the buyer and must, therefore...

Original Image File (111 KB)

Policy Statements

Enforcement Policy Statement on Food Advertising

Date

May 13, 1994

I. Introduction II. Legal Framework for Commission Action III. Nutrient Content Claims A. Claims Describing the Absolute and Comparative Nutrient Content of Foods Absolute Nutrient Content Claims...

HSR Informal Interpretations

9405003 Informal Interpretation

Date

May 6, 1994

Rule

801.1(b); 802.63; 7A(c)(11)

See below 5/6/94 Writer advises that lender meets ordinary course of business requirement of 802.63. Also that partnership has been set up in the described manner for tax reasons and not for avoidance...

Original Image File (131.29 KB)

HSR Informal Interpretations