Guam. Statutory Language

Guam Statute 13-9

GUAM STATUTE

GUAM ANTITRUST LAW

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tit. 9, §§ 69.10 to 69.70

§ 69.10. Definitions

As used in this Chapter:

(a) Person means an individual, corporation, business trust, partnership,

association, or any other legal entity.

(b) Relevant market means the geographical area of actual or potential

competition in a line of commerce, all or any part of which is within Guam.

§ 69.15. Contract, combination, or conspiracy to restrain or monopolize

or trade

(1) A contract, combination, or conspiracy between two (2) or more persons

in restraint of, or to monopolize, trade or commerce in a relevant market is unlawful;

or (2) A contract, agreement, combination or conspiracy which controls or

attempts to control the quantity, price or exchange of any article of manufacture,

product of the soil or mind or any goods or services in restraint of trade is unlawful;

or (3) Selling any goods or services at less than the cost thereof to a business

consumer, or to give away any goods or services, (as “business consumer” and

“goods or services” are defined in Article 1, Chapter 32, Title 5, Guam Code

Annotated) for the purpose of injuring competitors or destroying competition is

unlawful; or

(4) Secretly paying or allowing rebates, refunds, commissions, or unearned

discounts, whether in the form of money or otherwise, or secretly extending to

certain business consumers special services or privilege, not extended to all business

consumers purchasing upon like terms and conditions, to the injury of a competitor

and where such payment or allowance tends to destroy competition, is unlawful; or

(5) Threatening economic retaliation or physical damage to any person or to

any person’s property if goods or services are not purchased.

§ 69.20. Establishment, maintenance, or use of monopoly

The establishment, maintenance, or use of a monopoly, or an attempt or

conspiracy to establish a monopoly, of trade or commerce in a relevant market by

any person, for the purpose of excluding competition or controlling, fixing, or

maintaining prices is unlawful.