P:remerger clearance: De minimis competitive effects
73 F.T.C. 1299 · Nov. 29, 1966 · Digest No. 176
source volume section (73 F.T.C. 1299)
Text is machine-OCR of the printed volume and may contain errors. Advisory opinions are the Commission's views on proposed conduct, not binding orders.
No. 176. P:remerger clearance: De minimis competitive effects. The Commission issued an advisory opinion on November 29 1966, in "hich a request for premerger clearance from liability uncleI' Section 7, amended Clayton Act, was approved permitting aequisition of a company in financial distress.
1300 FEDERAL TRADE CO::\E\IISSION DECISIONS A dairy products processing company in financial difficulty desiring to be acquired by a larger company in the same field applied for clearance of the proposed acquisition. The companies competed to a, limited extent; ho"\lever the applicant had losses for a number of years, could not obtain long term fulancing and had made numerous unsuccessful attempts to sell to others.
The requesting party was ach-ised that, relying on his representations as to the hopeless financial eondition and unsuccessful efforts to sell, the Commission would not ehallenge the proposed acquisition it were consummated. (File No. 671 0615 , released Feb. 13 , 1968.