Nevada SB 218: Enacts the Uniform Antitrust Pre-Merger Notification Act. (BDR 52-938)

Bill Text

(Reprinted with amendments adopted on April 21, 2025)
FIRST REPRINT S.B. 218
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SENATE BILL NO. 218–SENATOR OHRENSCHALL

FEBRUARY 19, 2025
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Referred to Committee on Commerce and Labor

SUMMARY—Enacts the Uniform Antitrust Pre-Merger
Notification Act. (BDR 52-938)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to unfair trade practices; enacting the Uniform
Antitrust Pre-Merger Notification Act; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
The federal Hart-Scott-Rodino Antitrust Improvements Act of 1976 requires 1
certain persons who intend to engage in certain mergers or acquisitions to file a 2
notification with the Federal Trade Commission and the United States Department 3
of Justice. (15 U.S.C. § 18a) Under existing state law, a person who is required to 4
file such a notification for any transaction involving any assets of a group practice 5
or health carrier in this State is required to simultaneously submit a copy of the 6
filing to the Attorney General. (NRS 598A.400) This bill enacts the Uniform 7
Antitrust Pre-Merger Notification Act promulgated by the Uniform Law 8
Commission in 2024, which, in general, requires certain additional persons who are 9
required to file a notification under the Hart-Scott-Rodino Act to file that same 10
notification with the Attorney General contemporaneously with the federal filing. 11
Sections 4-11 of this bill define terms for the purposes of the Uniform Act. 12
Section 12 of this bill requires a person who files a notification pursuant to the 13
Hart-Scott-Rodino Act to file a copy of the federal notification form with the 14
Attorney General if: (1) the person has its principal place of business in this State; 15
or (2) the person or a person it controls directly or indirectly had a certain amount 16
of annual net sales of certain goods or services in this State. Section 12 also 17
requires a person to file with the Attorney General a complete electronic copy of 18
any additional documentary material provided with the federal filing: (1) 19
contemporaneously with the federal filing, for a person with its principal place of 20
business in this State; and (2) on request of the Attorney General, for a person who 21
meets the annual net sales threshold. Section 12 further prohibits the Attorney 22
General from charging a fee for such filings. Section 15 of this bill authorizes the 23
Attorney General to seek imposition of a civil penalty if a person fails to submit the 24
required filings and additional documentary material. 25
Section 12 exempts certain gaming licensees and affiliates of such licensees 26
from the requirements of section 12. 27

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Sections 13 and 19 of this bill, in general, make such filings confidential 28
subject to certain exceptions. Sections 13 and 14 of this bill authorize limited 29
disclosures for investigatory and law enforcement purposes, including: (1) subject 30
to a protective order entered by an agency, court or judicial officer; (2) to the 31
attorney general of another state which has enacted the Uniform Act or an 32
equivalent act with equivalent confidentiality provisions; and (3) to certain federal 33
agencies. Section 16 of this bill requires a court to consider the promotion of 34
uniformity of the law among jurisdictions that enact the Uniform Act in applying 35
and construing the provisions of the Uniform Act. 36
Existing law requires a person who is a party to certain reportable health care or 37
health carrier transactions to file a notification with the Attorney General at least 30 38
days before the consummation of the transaction. (NRS 598A.390) Section 17 of 39
this bill provides that the requirement for notification is satisfied if the person is 40
required to file a copy of a filing regarding the transaction with the Attorney 41
General pursuant to section 12 and does so. 42
Section 18 of this bill specifies that the provisions of existing law requiring a 43
person to simultaneously submit to the Attorney General a notification required by 44
the Hart-Scott-Rodino Act for a transaction involving any assets of a group practice 45
or health carrier in this State apply only if the person is not otherwise required to 46
file a copy of the notification with the Attorney General pursuant to the provisions 47
of section 12. 48

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Title 52 of NRS is hereby amended by adding 1
thereto a new chapter to consist of the provisions set forth as 2
sections 2 to 16, inclusive, of this act. 3
Sec. 2. This chapter may be cited as the Uniform Antitrust 4
Pre-Merger Notification Act. 5
Sec. 3. As used in this chapter, unless the context otherwise 6
requires, the words and terms defined in sections