Section 6-4-107 - Mergers - acquisitions(1) It is illegal for any person engaged in trade or commerce to acquire, directly or indirectly, the whole or any part of the stock, other share capital, or assets of another person engaged in trade or commerce if the effect of the acquisition may substantially lessen competition or tend to create a monopoly.(2) Nothing in this section prohibits any person from: (a) Acquiring stock of another person solely for investment purposes, so long as the acquisition of stock is not used, by voting or otherwise, to bring about or to attempt to bring about the substantial lessening of competition; or(b) Causing the formation of subsidiary corporations or from owning and holding all or any part of the stock of a subsidiary corporation.(3) The attorney general shall not challenge the merger or acquisition of any bank or bank holding company by or with any other bank or bank holding company that is subject to the provisions of any of the federal banking laws, except as specifically provided in those federal banking laws.Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.Amended by 2020 Ch. 31, § 1, eff. 9/14/2020.L. 92: Entire article R&RE, p. 237, § 1, effective July 1.Section 2(2) of chapter 31 (SB 20-064), Session Laws of Colorado 2020, provides that the act repealing this section applies to mergers commenced on or after September 14, 2020.
For the "Clayton Act", see 38 Stat. 730; for section 7A of the "Clayton Act", as referred to in subsection (3), see 15 U.S.C. sec. 18a .