Confirmed.
Question
From: Musick, Vesselina <vmusick@ftc.gov>
Sent: Wednesday, May 10, 2023 11:54:49 AM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: Item 4
Confirmed.
From: [Redacted]
Sent: Wednesday, May 10, 2023 9:02:37 AM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Subject: Item 4
Dear PNO:
I understand that interpretation 1205015 is no longer the position of PNO as to its statement about excluding a potential 4c/4d document based on a determination that the document’s analysis is limited to geographies outside the US. However, the interpretation also addresses whether a draft document that is submitted to a single director (not the entire board or a subcommittee) ceases to be a draft. The relevant portion of the interpretation states “We have drawn a bright line on drafts submitted to the entire board of the person filing notification or the entire board of a sub (probably the acquisition vehicle), not a single director. Also drafts submitted to entire committees or subcommittees of the board.†Can you please confirm whether this aspect of the interpretation is still the position of PNO?
Thank you.