CaliforniaAntitrust: premerger notification.
What it does
Existing law generally prohibits restraints on competition and authorizes the Attorney General to bring an action on behalf of the state or of any of its political subdivisions or public agencies, as specified. Existing federal law, the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. Sec. 18a), before an acquisition of voting securities or assets, requires both parties to file notification of the acquisition and additional documentary material with the Federal Trade Commission and the federal Department of Justice, if, as a result of the acquisition, the acquiring person would hold voting securities or assets in excess of a specified value, except as specified.
More detail
Existing federal law prohibits disclosure of the filed information, except as relevant to an administrative or judicial action or proceeding.
This bill, the California Uniform Antitrust Premerger Notification Act, would require any person who is required to file a notification pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 to additionally file a copy of the federal form with the Attorney General if the person has its principal place of business in this state or has annual net sales in this state of the goods or services involved in the transaction of at least 20% of the above-described filing threshold. The bill would also require the person to file or provide the additional documentary material required under federal law, as specified. The bill would prohibit the Attorney General from disclosing the filed information, as specified, and would authorize the Attorney General to impose a civil penalty for a violation of the filing requirement. The bill would provide that its provisions only apply to premerger notifications filed on or after January 1, 2027.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Feb 10Chaptered by Secretary of State. Chapter 3, Statutes of 2026.Latest
- Feb 10Approved by the Governor Gavin Newsom.Became Law
- Feb 5Enrolled and presented to the Governor at 3 p.m.To Governor
- Feb 2Assembly amendments concurred in. (Ayes 33. Noes 0. Page 3336.) Ordered to engrossing and enrolling.Major
- Vote recorded Unfinished Business SB25 Umberg Concurrence. Result: pass.Upper
- Jan 22In Senate. Concurrence in Assembly amendments pending.
- Vote recorded SB 25 Umberg Senate Third Reading By Aguiar-Curry. Result: pass.Lower
- Jan 22Read third time. Passed. (Ayes 52. Noes 17. Page 3808.) Ordered to the Senate.Passed Assembly
- Jan 14Ordered to third reading.Minor
- Jan 14Read third time and amended.Major
- Jan 13Ordered to third reading.Minor
- Jan 13From inactive file.
- Jan 12Notice of intention to remove from inactive file given by Assembly Member Aguiar-Curry.
- 2025
- Sep 8Ordered to inactive file on request of Assembly Member Aguiar-Curry.
- Sep 2Read second time. Ordered to third reading.Minor
- Aug 29From committee: Do pass. (Ayes 11. Noes 1.) (August 29).Minor
- Vote recorded Do pass. Result: pass.Lower
- Jul 9July 9 set for first hearing. Placed on APPR. suspense file.
- Jun 24From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 24). Re-referred to Com. on APPR.Minor
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Jun 9Referred to Com. on JUD.Minor
- Jun 3In Assembly. Read first time. Held at Desk.Minor
- Jun 2Read third time. Passed. (Ayes 36. Noes 1. Page 1378.) Ordered to the Assembly.Passed Senate
- Vote recorded 3rd Reading. Result: pass.Upper
- May 28Read second time. Ordered to third reading.Minor
- May 27Ordered to second reading.Minor
- May 27Read third time and amended.Major
- May 23Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Upper
- May 23From committee: Do pass. (Ayes 6. Noes 0. Page 1187.) (May 23).Minor
- May 16Set for hearing May 23.
- Apr 28April 28 hearing: Placed on APPR. suspense file.
- Vote recorded Placed on suspense file. Result: pass.Upper
- Apr 17Set for hearing April 28.
- Apr 10Read second time and amended. Re-referred to Com. on APPR.Major
- Apr 9From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0. Page 704.) (April 8).Major
- Apr 8
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Mar 25From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.Major
- Mar 20Set for hearing April 8.
- Jan 29Referred to Com. on JUD.Minor
- 2024
- Dec 3From printer. May be acted upon on or after January 2.
- Dec 2Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced