WAC 246-25-125   Additional information.  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.



[Statutory Authority: RCW 43.72.310. 99-04-049, recodified as § 246-25-125, filed 1/28/99, effective 1/28/99; 95-04-112, § 245-02-125, filed 2/1/95, effective 3/4/95.]