Uniform Antitrust Pre-Merger Notification Act

SB 32, the Uniform Antitrust Pre-Merger Notification Act, requires businesses meeting specific West Virginia connections (principal place of business in WV or 20% of relevant sales in WV) to electronically file pre-merger notifications with the state Attorney General. It mandates confidentiality for all submitted materials (including Hart-Scott-Rodino forms and supporting documents), with limited exceptions for legal proceedings or sharing with other states that have equivalent confidentiality laws. The bill authorizes the Attorney General to impose civil penalties of up to $10,000 per day for noncompliance and ensures no fees are charged for filings. This applies only to mergers filed on or after the law’s effective date, focusing on notification requirements rather than merger approval or blocking.