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House Judiciary Committee advances Uniform Antitrust Premerger Notification Act to appropriations
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Summary
The House Judiciary Committee voted 7-4 to send Senate Bill 126, a Uniform Law Commission proposal to give Colorado's attorney general simultaneous access to Hart-Scott-Rodino merger filings and add confidentiality protections, to the Appropriations Committee after testimony for and against the measure.
Representative Espinosa urged the committee to approve Senate Bill 126, a Uniform Law Commission draft that would require companies subject to federal Hart-Scott-Rodino (HSR) premerger filing thresholds to provide the same filing materials to the Colorado attorney general at the same time they file with federal agencies. "This is a good consumer protection bill," Representative Espinosa said, arguing simultaneous access gives the attorney general time to decide whether to investigate or intervene.
The bill’s proponents, including Anne McGahn, chair of the Colorado Commission on Uniform State Laws, and Uniform Law Commission staff, said the act is intended to place state attorneys general on a similar timetable as federal enforcers and to include statutory confidentiality protections. Dan Robbins, immediate past president of the Uniform Law Commission, said the drafting process included federal and state agencies and business stakeholders and that the confidentiality rules mirror federal protections.
Opponents warned of business burdens and confidentiality risks. Mike Blank of CTIA, the wireless industry trade association, testified in opposition: "Forcing businesses to file with multiple states when no additional review is needed is unnecessary," he said, adding that HSR submissions are "highly confidential and competitively sensitive" and that mandatory state-level filings could increase leak risk and transaction costs.
Representative Soper questioned whether the bill created any new authority for the attorney general; Espinosa replied the act does not expand AG authority but provides simultaneous access and explicit confidentiality and public-record exemptions, including a CORA exemption, to protect sensitive commercial information.
After brief questioning and no amendments, Representative Espinosa moved the bill to the Appropriations Committee with a favorable recommendation. The motion passed on a roll-call vote, 7-4.
