Like the Colorado and Washington laws, the Act requires a party that submits a Hart-Scott-Rodino Act (HSR) filing with the federal government to also file a copy of its HSR materials with the Indiana attorney general if one of the two following prongs is met:

1. Principal place of business in the state: The party must provide the entire HSR filing (form and attachments). This generally refers to the headquarters address of the company making the filing. If a party is headquartered in Indiana, it will be required to make a submission to that state.
2. More than $26.78 million in annual net sales in the state of “goods or services involved in the transaction”: Only the HSR form is required with the initial filing, but Indiana can request the entire HSR filing, including attachments.
   1. The $26.78 million sales figure represents 20% of the HSR size-of-transaction filing threshold for 2026 ($133.9 million, effective February 17, 2026). The HSR filing threshold changes each year (typically increasing each February).
   2. The net sales in Indiana threshold refers to sales in, into, and from Indiana. For the seller, the determination is based on the sales of the target. For the buyer, the determination is based only on the buyer’s sales of products that overlap with what it is acquiring from the target (i.e., products that derive revenue in overlapping North American Industry Classification System (NAICS) codes and/or products identified in the Overlap Description of the HSR form).

If the party is an Indiana health care entity that has filed a notice of merger or acquisition under IC 25-1-8.5-4 (which separately requires submission of the party’s entire HSR filing), that party is exempted from filing under the Act, even if it meets (1) or (2) above.

The Act requires a party to file under the Act within one (1) business day of submitting its HSR filing. Not doing so subjects the party to a daily fine of up to $10,000 for each day that the party fails to file with Indiana.

Furthermore, like Washington and Colorado, the Act permits Indiana to share the information and documents it receives pursuant to the Act with any other state that has a similar law.

The Uniform Antitrust Pre-merger Notification Act was first published in 2024 by the Uniform Law Commission, and it has picked up momentum with two states implementing it. Indiana is now in the process of enacting its statute, and other states are working on their versions. To date, our team has not experienced any investigations arising from these parallel filing regimes, but they do create a compliance burden to assess reportability and submit the filings using the different procedures applicable in each state.