Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-25 - Antitrust immunity and competitive oversight › PROCEDURAL RULES › Section 246-25-125 - Additional information

Current through Register Vol. 24-14, July 15, 2024
An applicant shall submit additional relevant information
					 it believes is sufficient to support its petition or request for an informal
					 opinion. The commission or attorney general may require the submission of
					 additional information as may be required to complete the analysis necessary to
					 form an opinion or respond to a written petition. Depending on the size, scope
					 and nature of the proposed transaction, the material may include some or all of
					 the following:
(1) Contracts,
				  agreements, correspondence, corporate minutes, memoranda, or other documents
				  describing the proposal;
(2)
				  Financial statements for the parties to the proposal for the most recent fiscal
				  year;
(3) Documents filed with any
				  other state or federal agency with respect to the proposal;
(4) Plans, studies, or reports prepared in
				  anticipation of the proposal;
(5)
				  The parties' and their parent organizations' articles of incorporation, bylaws,
				  and documents sufficient to identify the names of the parties' board of
				  directors, owners, and officers; and
(6) Advertisements, brochures, or other
				  publications used for marketing the parties' products or services within the
				  state of Washington during the last fiscal year.
If the proposal includes collaboration between parties,
					 including but not limited to mergers or joint ventures, the commission or the
					 attorney general may request some or all of the following additional
					 information depending on the size, scope, and nature of the proposed
					 transaction:
(1) Each participant's
				  contribution of capital, equipment, or other value to the
				  transaction;
(2) Each participant's
				  ownership interest and its expected consideration or return from the
				  proposal;
(3) Each participant's
				  nonmonetary involvement in the arrangement;
(4) The market share of each participant in
				  the proposed collaborative effort, for each of the products sold by that
				  participant, identifying the relevant geographic market; and
(5) A statement describing whether
				  arrangements less restrictive to competition would achieve the same or similar
				  benefits as those described in response to section (4) above.
If the proposal is for the merger of acute care inpatient
					 hospitals, the commission or the attorney general may request some or all of
					 the following additional information for the three years prior to the proposed
					 merger, depending on the size, scope, or nature of the proposed merger:
(1) Data reported to the Comprehensive
				  Hospital Abstract Reporting System (CHARS), in computerized form if
				  possible;
(2) Copies of the
				  parties' responses to the American Hospital Association's Annual Hospital
				  Survey;
(3) The identities of the
				  ten largest purchasers of hospital services for each hospital; and
(4) The average number of licensed, staffed,
				  and occupied beds for each year.