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Committee backs bill to give Indiana AG timely access to federal antitrust filings
Summary
The committee approved Senate Bill 219, which would require companies filing Hart-Scott-Rodino merger notices with federal agencies to provide the same filing to state attorneys general with significant business presence in Indiana. Supporters said it enhances state enforcement and information-sharing; the measure passed 11-0.
Senate Bill 219, presented by Senator Charbonneau, would require companies subject to federal Hart-Scott-Rodino Act filings to provide concurrent notice to state attorneys general when the companies do substantial business in the state, supporters told the committee.
Former Supreme Court Justice Frank Sullivan, testifying in support, framed the measure as a uniform-law improvement that "simply requires those companies that are subject to making filings with the federal government to make filings with state attorneys general in which those companies do a substantial amount of business." He said the bill would help state consumer-protection offices and cited national merger examples to explain the need for state-level access.
Scott Barnhart, chief counsel in the Attorney General's consumer-protection division, told the committee the bill would give state antitrust enforcers access to the same information federal regulators receive and make state enforcement and coordination more efficient. Deputy Attorney General Jennifer Lindsey provided data about notices received under Indiana's recent healthcare mergers law and said broader access would help the office evaluate non-healthcare transactions more promptly.
The committee discussed a sponsor-led amendment clarifying that existing Indiana reporting requirements for health-care mergers are not displaced. Committee members raised questions about confidentiality and federal preemption; witnesses and the sponsor said the bill is intended as a parallel reporting route and that court processes would determine any enforcement outcomes.
After discussion, the committee approved SB219 as amended by unanimous recorded vote, 11 to 0. The bill will go forward with the amendment clarifying the bill does not replace existing state health-care merger reporting responsibilities.
Supporters said the bill centers on information-sharing and will allow Indiana to assess transactions that have particular local impacts even if federal enforcers choose not to intervene.
