Compliance interpretation of request for pl'emergel' clearance: De minimis competitive effect

No. 186. Compliance interpretation of request for pl'emergel' clearance: De minimis competitive effect. The Commission issued an opinion December 23, 1966, in connection with a request for advice as to \\'hether a proposed n1erger , if consummated, would violate an outstanding order prohibiting the purchasing company from making certain acquisitions. The estate of a very small retailer of food products applied for cler.,ranee of its proposed aequisition by a larger processor engaged in operations in the same general product line. The larger company was, and is now, subject to a Commission order prohibiting certain acquisitions for a designated period of time without prior Commission approval. The retailer, a negligible factor in the industry and in the relevant geographieal market, was not capable of development in the estate status.

The Commission cleared the proposed acquisition. (File No. 6651 released Feb. 13 , 1968. ) (Opinion issued under authority of Section 61 (e) of the Commission s Rules of Practice (1967).