Beginning July 27, companies with significant
business in Washington State will need to submit all HSR filings to
the Attorney General of Washington.
The State of Washington recently enacted the country's first
general state antitrust law requiring premerger notification to
state enforcers. The Uniform Antitrust Premerger Notification Act
(the "Act") builds on a pattern of healthcare-specific
"baby-HSR" laws enacted by Washington and other states in
recent years, some of which have required copies of federal
Hart-Scott-Rodino Antitrust Improvements Act ("HSR")
filings. While healthcare providers are the only industry segment
explicitly mentioned in Washington's new law, the Act applies
more broadly to all persons that meet annual net sales
requirements in Washington. Failure to provide notice under the Act
may result in a civil penalty of up to $10,000 per day of
noncompliance. As was the case with healthcare-specific baby-HSR
laws, we expect other states will
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