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HB 2110

Establishing the Uniform Antitrust Pre-Merger Notification Act

2025 Regular Session Introduced by Wayne Clark and 1 co-sponsor

HB 2110 requires businesses to notify the state attorney general of mergers, enhancing antitrust oversight while protecting confidential information.

To House Judiciary
#uniformlaws
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Bill Summary · HB 2110

Summary of House Bill 2110: Uniform Antitrust Pre-Merger Notification Act

Bill Number: HB 2110
Introduced: January 29, 2025
Status: To House Judiciary
Classification: Bill
Subject: Uniform Laws

Purpose and Intent

House Bill 2110 aims to establish the Uniform Antitrust Pre-Merger Notification Act in West Virginia. The primary goal of this legislation is to enhance the state's ability to monitor and review business mergers that may have antitrust implications. By requiring pre-merger notifications to the state attorney general, the bill seeks to ensure that the state can effectively participate in the antitrust review process while maintaining the confidentiality of sensitive documents.

Key Provisions

The bill includes several significant provisions:

  1. Filing Requirement:

    • Businesses must file a pre-merger notification with the state attorney general if they meet specific criteria related to their principal place of business or annual net sales in the state.
    • A complete electronic copy of the Hart-Scott-Rodino form and any additional documentary material must be submitted.

  2. Confidentiality:

    • The attorney general is prohibited from publicly disclosing the filed forms and additional materials, ensuring confidentiality unless required for administrative or judicial proceedings.

  3. Reciprocity:

    • The attorney general may share confidential information with other states that have enacted similar legislation, provided those states have adequate confidentiality protections.

  4. Civil Penalties:

    • Noncompliance with the filing requirements may result in civil penalties of up to $10,000 per day.

  5. Uniformity:

    • Courts are encouraged to promote uniformity in the application and interpretation of this act across jurisdictions.

  6. Transitional Provision:

    • The act applies only to pre-merger notifications filed on or after its effective date.

Impact

The implementation of HB 2110 is expected to:
- Enhance State Oversight: Allow the state attorney general to better assess and address potential antitrust issues arising from business mergers.
- Protect Confidentiality: Ensure that sensitive business information remains confidential during the review process.
- Facilitate Cooperation: Promote collaboration between states in reviewing mergers that may affect competition.

Procedural Aspects

  • The bill was introduced and referred to the House Judiciary Committee on January 29, 2025.
  • It has undergone various legislative actions, including committee reviews and amendments.
  • The bill is currently awaiting further consideration in the House Judiciary Committee.

This summary provides an overview of House Bill 2110, highlighting its purpose, key provisions, potential impacts, and procedural status. The legislation represents a significant step toward enhancing the state's regulatory framework for business mergers and antitrust enforcement.

Compiled from official sources — confirm details with the bill’s official record.

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