Delaware. Statutory Language

Delaware Statute 9-17

DELAWARE STATUTE

DELAWARE ANTITRUST ACT

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§ 2101. Purpose; legislative intent

The purpose of this chapter shall be to promote the public benefits of a competitive

economic environment based upon free enterprise. It is the intent of the General

Assembly to promote efficiency in business operations, an equitable return on capital

investments, an efficient allocation of goods and services and freedom of economic

opportunity. (62 Del. Laws, c. 89, § 1.)

§ 2102. Definitions

The following words, terms and phrases, when used in this chapter, shall have the

meanings ascribed to them in this section, except where the context clearly indicates a

different meaning:

(1) “Court” means the Court of Chancery except where another court is

specifically designated.

(2) “Documentary material” means the original or any copy of any book, record,

report, memorandum, paper, communication, tabulation, chart or other document, and

further includes data and other information in a form readable by a data processing

machine.

(3) “Public body” means the state’s public agencies, including school districts,

and its political subdivisions, including municipal and other authorities.

(4) “Trade or commerce of this State” means all economic activity carried on

wholly or partially in this State, which involves or relates to any commodity, service or

business activity. (62 Del. Laws, c. 89, § 1.)

§ 2103. Restraint of trade unlawful

Every contract, combination in the form of trust or otherwise, or conspiracy, in

restraint of trade or commerce of this State shall be unlawful. (62 Del. Laws, c. 89, § 1.)

§ 2104. Exemptions

(a) Nothing in this chapter shall be construed to forbid the existence or operation

of labor, agricultural or horticultural organizations, instituted for the purposes of mutual

help, and not having capital stock or conducted for profit, or to forbid or restrain

individual members of such organizations from lawfully carrying out the legitimate

objects thereof; nor shall such organizations or the members thereof be held or construed

to be illegal combinations or agreements in restraint of trade under this chapter.