The proposed bill aims to establish the Uniform Antitrust Pre-Merger Notification Act in West Virginia, which would require certain businesses to notify the Attorney General prior to merging. The bill introduces new articles in the Code of West Virginia, defining key terms related to pre-merger notifications and outlining the filing requirements. Specifically, businesses with a principal place of business in the state or those meeting certain sales thresholds must submit a complete electronic copy of the Hart-Scott-Rodino form to the Attorney General. The Attorney General is also tasked with maintaining the confidentiality of these filings, with specific exceptions for administrative proceedings or judicial actions.

Additionally, the bill allows for reciprocity in sharing confidential documents with attorneys general from other states that have enacted similar legislation, provided those states have comparable confidentiality protections. The Attorney General is authorized to impose civil penalties for noncompliance with the filing requirements, and courts are encouraged to promote uniformity in the application of this act across jurisdictions. The provisions of this act will only apply to pre-merger notifications filed on or after its effective date.

Statutes affected:
Introduced Version: 47-18A-1, 47-18A-2, 47-18A-3, 47-18A-4, 47-18A-5, 47-18A-6, 47-18A-7, 47-18A-8