Overview

• As of July 27, Washington’s Antitrust Premerger Notification Act requires companies with state connections to file HSR forms with the Washington Attorney General concurrently with federal submissions
• Colorado’s mirror statute takes effect on August 6 to impose identical notification obligations for reportable transactions meeting uniform nexus thresholds
• Neither law levies filing fees or waiting periods but authorizes civil penalties of up to $10,000 per day for noncompliance while exempting filings from public disclosure
• Notifications hinge on having a principal place of business in the state or generating at least 20 percent of the HSR threshold in in-state sales, with Washington adding a standalone healthcare provider requirement
• Both statutes follow the Uniform Antitrust Pre-Merger Notification Act model and several other jurisdictions, including California, New York and the District of Columbia, are considering similar premerger notice measures