Compliance interpretation of request for premerger clearance: Denied, other purchasers available

No. 178. Compliance interpretation of request for premerger clearance: Denied, other purchasers available. The Commission issued an opinion April 2, 1964, in eonnec.tion with a request for advice. as to whether a proposed merger~ if conslUl11nated ,Tould be in violation of an outstanding order prohibiting the 'acquiring company from making certain acquisitions. A large company in the food products field applied for clearance, of its proposed acquisition of a smaller company engaged in operations ill the. same product Ene. The larger company wns subject to a. Commission order prohibiting certain acquisitions for a designated period of time "\Iithout prior Commission approval. Both companies ,,-ere in substantial competition in the saIne general trading area. It was determined that other prospective purehasers were ADVISORY OPINION DIGEST 1301 available and that the smaller company was of considerable size when eomparecl with other regional produoers.

The Commission advised that the proposed m~erger could not be approved under the circmllstances. (File No. 6495 released Feb. 13 1968. ) (Opinion issued under a.uthority of Section 3. (j 1 (c) of the Commission s Rules of Practice (1967).