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Date
Rule
Item 5, Item 7
Staff
Sam Sheinberg
Response/Comments

Because the business line was discontinued, rather than divested, report the revenue and add an endnote.

Question

Because the business line was discontinued, rather than divested, report the revenue and add an endnote.

From: [Redacted]
Sent: Monday, October 4, 2021 9:15:41 AM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Subject: Item 5 and 7 question

Dear PNO team:

I have, a hopefully, quick question on Item 5 and 7. The Acquired Person, Company A, derived revenue in its most recent fiscal year-end in an overlapping NAICS code with the Acquiring Person. Company A has since discontinued the line of business that derives revenue in that overlapping code (not via a sale of the business that reported that revenue, just discontinued the line of business). Should we still report in Item 5 and 7 but footnote that Company A no longer reports revenue in that code or because it presently does not report revenue in that code we do not have to report the 2020 revenue at all.

Thanks very much for your guidance.

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