Confirmed.
Question
From: Whitehead, Nora <nwhitehead@ftc.gov>
Sent: Tuesday, October 18, 2022 9:55:16 AM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: 802.21
Confirmed.
From: [Redacted]
Sent: Friday, October 7, 2022 2:02 PM
To: HSRHelp <HSRHelp@ftc.gov>
Subject: 802.21
Dear PNO,
With respect to post-consummation filings, can you confirm that the 5 year grace period under section 802.21 ends 5 years after expiration of the waiting period for the corrective filing? For example, assume a filing is made today for an acquisition that occurred in 2020. If the waiting period for today’s filing expires on November 7, 2022, then the 5 year grace period under 802.21 (for acquisitions that will not increase the holdings of the acquiring person to meet or exceed a notification threshold, as adjusted, greater than the greatest notification threshold met or exceeded in the 2020 acquisition) ends on November 7, 2027, and not in 2025.