Starting Wednesday, Colorado will require pre-merger notifications for certain transactions — becoming just the second state to do so after Washington.
Why This Matters
State regulators have historically had limited insight into pending mergers, often reacting only after deals close. These new laws are designed to give states early visibility, potentially boosting antitrust enforcement.
Who It Affects
The new rule applies to companies or individuals already required to file under the federal Hart-Scott-Rodino (HSR) Act — if they conduct a significant amount of business in Colorado. These parties must now send the same HSR filings contemporaneously to the Colorado Attorney General’s office. No new paperwork is required — just an additional submission.
The Bigger Picture
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States have always had the power to enforce their own antitrust laws.
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But without prior notice, state AGs often play catch-up, especially once mergers close.
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Notable examples include:
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T-Mobile/Sprint: States challenged it after federal approval.
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Kroger-Albertsons: State pressure helped sink the deal.
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With this law, Colorado aims to get ahead of problematic mergers, not just respond afterward.
Collaboration Across States
According to antitrust insiders, state officials already meet regularly via the National Association of Attorneys General (NAAG). These new rules may allow Colorado and Washington to share HSR filings with other states — expanding access even where similar laws aren’t yet passed.
What’s Next
At least five more states, including California and the District of Columbia, are considering similar legislation.
As for federal oversight, the direction of Trump 2.0’s antitrust policy remains unclear — but states are clearly preparing to take a more proactive role in policing mergers.
This article has been carefully fact-checked by our editorial team to ensure accuracy and eliminate any misleading information. We are committed to maintaining the highest standards of integrity in our content.
Katie is a senior who has been on staff for three years. Her favorite type of stories to write is reviews and features. Katie’s favorite ice cream flavor is strawberry.
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