Added by Stats. 2023, Ch. 457, Sec. 2. (AB 853) Effective January 1, 2024.
(a)No person shall acquire, directly or indirectly, any voting securities or assets of a retail grocery firm or retail drug firm unless both parties give, or in the case of a tender offer, the acquiring party gives, written notice to the Attorney General in accordance with this part.
(b)For purposes of this part, the following definitions apply:
(1)“Acquiring party” means a person by whom or on whose behalf the merger or other acquisition of control is to be effected and is either of the following:
(A)Is required to provide notice of the merger or acquisition to the Federal Trade Commission or the United States
Department of Justice pursuant to the federal Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. Sec. 18a).
(B)Is acquiring more than a total of 20 retail drug firms or retail grocery firms.
(2)“Retail drug firm” means a person, as defined in Section 18 of the Labor Code, including a proprietorship, joint venture, corporate officer or executive, that has one or more businesses or establishments located within the state and is identified as a retail business or establishment in the North American Industry Classification System within the retail trade category 45611.
(3)“Retail grocery firm” means a person, as defined in Section 18 of the Labor Code, including a proprietorship, joint venture, corporate officer or executive, that has one or more businesses or establishments located within the state and
is identified as a retail business or establishment in the North American Industry Classification System within the retail trade category 44511 and 455211.
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