Colorado § 6-4.5-104 - Confidentiality.

§ 6-4.5-104. Confidentiality.

(a) Except as provided in subsection (c) of this section or section 6-4.5-105, the attorney general may not make public or disclose:

(1) A Hart-Scott-Rodino form filed under section 6-4.5-103;

(2) The additional documentary material filed or provided under section 6-4.5-103;

(3) A Hart-Scott-Rodino form or additional documentary material provided by the attorney general of another state;

(4) That the form or the additional documentary material were filed or provided under section 6-4.5-103 or provided by the attorney general of another state; or

(5) The merger proposed in the form.

(b) A form, additional documentary material, and other information listed in subsection (a) of this section are exempt from disclosure under the "Colorado Open Records Act", part 2 of article 72 of title 24.

(c) Subject to a protective order entered by an agency, court, or judicial officer, the attorney general may disclose a form, additional documentary material, or other information listed in subsection (a) of this section in an administrative proceeding or judicial action if the proposed merger is relevant to the proceeding or action.

(d) This article 4.5 does not:

(1) Limit any other confidentiality or information-security obligation of the attorney general;

(2) Preclude the attorney general from sharing information with the federal trade commission or the United States department of justice antitrust division, or a successor agency; or

(3) Preclude the attorney general from sharing information with the attorney general of another state that has enacted the "Uniform Antitrust Pre-Merger Notification Act" or a substantively equivalent act. The other state's act must include confidentiality provisions at least as protective as the confidentiality provisions of the "Uniform Antitrust Pre-Merger Notification Act", and the other state must provide assurances to the attorney general that it agrees to maintain the confidentiality of the documents or information received.

(e) Except as otherwise provided by court order or other law, the attorney general shall destroy or return the materials submitted pursuant to section 6-4.5-103 not later than one hundred twenty days after the later of:

(1) The close of the transaction subject to disclosure under section 6-4.5-103; or

(2) The conclusion of any legal proceedings directly related to the transaction subject to disclosure under section 6-4.5-103.

Source: L. 2025: Entire article added, (SB 25-126), ch. 419, p. 2367, § 1, effective August 6. L. 2026: (d)(3) amended and (e) added, (HB 26-1427), ch. 404, p. 2527, § 3, effective August 12.