Florida Attorney General Seeks Mandatory M&A Reporting

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On Jan. 27, 2022, the Florida House of Representatives’ Regulatory Reform Subcommittee voted to move forward a proposal (HB 705 by Rep. Erin Grall), which would require any entity conducting business in the state to provide notice to the Florida Office of the Attorney General (OAG) when it has submitted a Hart-Scott-Rodino Act filing. If enacted, the bill would become effective July 1, 2022.

According to the OAG, “receiving notices of these transactions prior to their consummation will enable the OAG to stop anticompetitive transactions and preserve competition.” However, opponents of the bill argue this requirement will trigger unwarranted investigations by the OAG and unnecessarily delay business deals, when the federal government already has the authority and resources to investigate potential antitrust violations.

The Senate companion, SB 1112 by Sen. Jason Brodeur, has not yet been heard.

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