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 outlines specific definitions related to the pre-merger notification process, including terms such as "Hart-Scott-Rodino Act," "pre-merger notification," and "person." It mandates that individuals or entities filing a pre-merger notification must submit a complete electronic copy of the Hart-Scott-Rodino form to the Attorney General, along with any additional documentary material if applicable. The Attorney General is also granted the authority to impose civil penalties for noncompliance with these requirements.
Furthermore, the bill emphasizes the confidentiality of the submitted documents, stating that the Attorney General cannot disclose the Hart-Scott-Rodino forms or additional materials, with certain exceptions for administrative or judicial proceedings. It allows for reciprocity in sharing confidential information with other states that have enacted similar legislation, provided those states have adequate confidentiality protections. The bill also includes provisions to promote uniformity in the application of the law across jurisdictions and specifies that the act applies only to pre-merger notifications filed 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