[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR802.6]

[Page 606]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 802_EXEMPTION RULES--Table of Contents
 
Sec. 802.6  Federal agency approval.

    (a) For the purposes of section 7A (c)(6) and (c)(8), the term 
information and documentary material includes one copy of all documents, 
application forms, and all written submissions of any type whatsoever. 
In lieu of providing all such information and documentary material, or 
any portion thereof, one copy of an index describing such information 
and documentary material may be provided, together with a certification 
that any such information or documentary material not provided will be 
provided within 10 calendar days upon request by the Federal Trade 
Commission or Assistant Attorney General, or a delegated official of 
either. Any material submitted pursuant to this section shall be 
submitted to the offices specified in Sec. 803.10(c).
    (b)(1) A mixed transaction is one that has some portion that is 
exempt under Section 7A (c)(6), (c)(7) or (c)(8) because it requires 
regulatory agency premerger competitive review and approval, and another 
portion that does not require such review.
    (2) The portion of a mixed transaction that does not require advance 
competitive review and approval by a regulatory agency is subject to the 
act and these rules as if it were being acquired in a separate 
acquisition.

    Example: Bank ``A'' acquires Bank ``B'', which owns a financial 
subsidiary engaged in securities underwriting. ``A'''s acquisition of 
``B'' requires agency approval by the Office of the Comptroller of the 
Currency, the Board of Governors of the Federal Reserve System or 
Federal Deposit Insurance Corporation (depending on whether ``A'' is a 
national bank, state member bank, or state non-member bank under section 
18(c) of the FDI Act), and therefore is exempt from filing under Section 
7A (c)(7). However, the acquisition of the financial subsidiary is 
subject to HSR reporting requirements, and ``A'' and ``B'' each must 
make a filing for that portion of the transaction and observe the 
waiting period if the act's thresholds are met.

[43 FR 33544, July 31, 1978, as amended at 48 FR 34435, July 29, 1983; 
66 FR 8693, Feb. 1, 2001; 67 FR 11903, Mar. 18, 2002]