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Re: Alley post# 337903

Sunday, 09/25/2011 6:13:51 PM

Sunday, September 25, 2011 6:13:51 PM

Post# of 436106
Alley/ellismd: We don’t know if any of the parties have filed pre merger notification notices as that information is not made public. What was made public in the Nortel auction was the FTC approval of early termination requests filed by the parties. See below for more details.

The Hart–Scott–Rodino Act provides that before certain mergers, tender offers or other acquisition transactions can close, both parties must file a "Notification and Report Form" with the Federal Trade Commission and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice.

There is a 30 day waiting period after filing before the transaction can close. The agencies can ask for additional information, and extend their reviewing time. This information is not made public by the agencies, although the filing parties can release status information .

The filing parties can request for an early termination of the review period. Such a request for "early termination" will be granted only after compliance with the rules and if both the Federal Trade Commission and Department of Justice Antitrust Division have completed their review and determined not to take any enforcement action during the waiting period. If this request is granted, this approval is made public by the FTC.

A search of the FTC early termination public notice data base disclosed nothing for Interdigital Inc.

http://en.wikipedia.org/wiki/Hart%E2%80%93Scott%E2%80%93Rodino_Antitrust_Improvements_Act

http://www.ftc.gov/bc/earlyterm/index.shtml
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