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ARTICLE · 07 MAY 2025

State Premerger Notification And Review Laws: Navigating An Expanding Domestic Regulatory Frontier

Simpson Thacher & Bartlett LLP
Simpson Thacher & Bartlett LLP
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Beginning July 27, companies with significant business in Washington State will need to submit all HSR filings to the Attorney General of Washington.

United StatesAntitrust/Competition Law

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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