HB26-1427
Uniform Antitrust Pre-Merger Notification Update
In one sentence
This law updates Colorado rules for companies merging by changing when they must file forms with the state, how long those files are kept, and steps taken before fines can be charged.
What it does
- Defines 'Uniform Antitrust Pre-Merger Notification Act' as a model law approved by the National Conference of Commissioners on Uniform State Laws.
- Requires companies to send their Hart-Scott-Rodino form to the Colorado Attorney General within one business day after filing it with the federal government.
- Mandates that the Attorney General provide a secure system to receive and store these documents without charging fees.
- Allows sharing of information with other states only if they have similar laws, promise to keep data confidential under protective rules, and agree in writing to maintain confidentiality.
- Requires the Attorney General to destroy or return submitted materials within 120 days after a deal closes or related legal cases end, whichever happens later.
- Requires written notice and a three-business-day chance for companies to fix mistakes before any civil penalties are imposed.
Who it affects
- Companies filing pre-merger notifications in Colorado
- The Colorado Attorney General's office
Limits and unknowns
- The exact effective date depends on whether voters file a petition to put the law up for a vote in November 2026.
- Civil penalties are limited to $10,000 per day only after the company fails to fix filing errors within three business days of notice.
Plain language
Terms to know
- Hart-Scott-Rodino form
- A federal document that companies must file to notify the government about a planned merger or acquisition.
- Uniform Antitrust Pre-Merger Notification Act
- A model law approved by national legal experts for states to adopt so they have similar rules on business mergers.
Official record
Sources
Official summary
The act updates the 'Uniform Antitrust Pre-Merger Notification Act' (act) with amendments to the act adopted by the Uniform Law Commission by: Defining 'Uniform Antitrust Pre-Merger Notification Act' for purposes of the act; Requiring the filing of a Hart-Scott-Rodino form with the Colorado attorney general (AG) within one business day after filing with the federal government (rather than contemporaneously); Requiring the AG to provide a secure means to accept and store materials they receive under the act; When receiving information from the attorney general of another state that has also enacted the act, requiring the AG to provide assurances to the other attorney general that the AG will maintain the confidentiality of the documents or information they receive; Requiring the AG to destroy or return the materials submitted to them within 120 days after the close of the transaction subject to disclosure under the act or the conclusion of any legal proceeding directly related to the transaction subject to disclosure under the act, whichever is later; and Requiring the AG to provide written notice and a 3-day period to cure before imposing civil penalties against a person for noncompliance with the Hart-Scott-Rodino form filing requirements. (Note: This summary applies to this bill as enacted.)
Official activity
Bill history
- Governor SignedGovernor
- Sent to the GovernorGovernor
- Signed by the President of the SenateSenate
- Signed by the Speaker of the HouseHouse
- Senate Third Reading Passed - No AmendmentsSenate
- Senate Second Reading Special Order - Passed - No AmendmentsSenate
- Senate Committee on Judiciary Refer Unamended to Senate Committee of the WholeSenate
- Introduced In Senate - Assigned to JudiciarySenate
- House Third Reading Passed - No AmendmentsHouse
- House Second Reading Special Order - Passed - No AmendmentsHouse
- House Committee on Judiciary Refer Unamended to House Committee of the WholeHouse
- Introduced In House - Assigned to JudiciaryHouse