FTC Informal Interpretations: Frequently Asked Questions Regarding Database
1. When I conduct a search, I get a great number of letters on the same subject or I found two letters which contradict each other.
Which letter is right? As a general rule, start with the more recently written letters and work backwards in time. If a recent letter answers a particular question, that letter is most likely to be the current PNO position on that issue. If two letters contradict each other, the more recent of the two may be more likely to represent the current PNO position. If you have any questions, please call the Premerger Officer for clarification.
2. The searchable text version disagrees with the original scanned version. Which is correct?
Although all documents were proofread before being placed on the web page, the difficulty in reading some of the documents has undoubtedly produced some transcription errors. If the writing is readable on the PDF version, that should supercede any contradictory language on the text version. Please report any discrepancies to Robert Jones at (202) 326-2740.
3. The redaction makes the letter incomprehensible. What do I do?
Unfortunately, many of the letters have been heavily redacted to prevent the revelation of confidential information. If a letter is too redacted to be useful, contact the Premerger Office for further information.
4. Can I get an unredacted copy of the letter?
No. Informal interpretation letters are protected under FOIA Exemption 3, 5 U.S.C. § 552 (b)(3) (citing Section 7A(h) of the Clayton Act, 15 U.S.C. § 18a(h) or Section 6(f) of the FTC Act, 15 U.S.C. §46(f)) or FOIA Exemption 4, 5 U.S.C. §552(b)(4).
5. My search resulted in no hits. What other ways should I search?
The database can be searched in many ways, including by rule, statute, date, or by a particular text phrase. If your question is industry-specific, try searching for a term used regularly in the industry. If your question regards a particular rule, search for sub-rules or key words within a rule.
6. How do I get one of my letters into the database?
The web page is updated with new letters monthly. If you recently sent in a letter, it should appear within four to six weeks. If you submitted a letter some time ago and it isn't here, please notify the Premerger Office. E-mailing an electronic version of your letter to the PNO will help us post the letter here more quickly.
7. The PDF version is very difficult to read. Is there a better copy?
No. Many of the originals are in bad shape and very difficult to read. We have tried to provide the best copy available for posting here.
8. How can I confirm that the advice is correct?
For further questions, discussion or confirmation, contact the Premerger Office at 326-3100.
9. How often is the database updated with new letters?
The web page is updated monthly.
