SB 219

Official digest

Incorporates into Indiana's law governing businesses and other associations the Uniform Antitrust Pre-Merger Notification Act (Act), as approved and recommended for enactment in all states by the Uniform Law Commission. Specifies that the Act does not limit or replace certain reporting requirements of a health care entity. Provides that not later than one day after filing a pre-merger notification under the federal Hart-Scott-Rodino Act, a person shall file a complete electronic copy of the form required under that act with the attorney general if: (1) the person's principal place of business is in Indiana; or (2) the person conducts a specified level of sales in Indiana with respect to the goods or services involved in the proposed merger transaction. Requires the attorney general to provide a secure means to receive and store materials submitted. Provides that: (1) a form or additional documentary material under the federal act; and (2) other specified information related to the proposed merger transaction; are confidential for purposes of Indiana's public records act and may not be disclosed or made public by the attorney general. Provides an exception to this confidentiality requirement if: (1) the attorney general's disclosure is made pursuant to a protective order issued by an agency, court, or judicial officer in an administrative proceeding or judicial action; and (2) the proposed merger transaction is relevant to the proceeding or action. Authorizes the attorney general to: (1) share information with; and (2) disclose a form or additional documentary material under the federal act to; the attorney general of another state that has enacted the Uniform Antitrust Pre-Merger Notification Act or a substantively equivalent act. Requires the attorney general to receive assurance from the attorney general of another state that information shared with the other state will remain confidential. Requires the attorney general to destroy or return all documents submitted with a specified period of time. Requires the attorney general to send a written notice to a person that violates the bill's filing requirement. Allows the attorney general to impose a civil penalty if the violation is not remedied within three days of the notice.