Hawaii. Statutory Language

Hawaii Statute 14-45

HAWAII STATUTE

HAWAII ANTITRUST ACT

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480-1

to 480-24

§ 480-1. Definitions

As used in this chapter:

‘Class action’ includes the definition as provided in rule 23 of the Hawaii rules of

civil procedure.

‘Commodity’ includes, but is not restricted to, goods, merchandise, produce, choses

in action, and any other article of commerce. It also includes trade or business in service

trades, transportation, insurance, banking, lending advertising, bonding, and any other

business.

‘Consumer’ means a natural person who, primarily for personal, family, or

household purposes, purchases, attempts to purchase, or is solicited to purchase goods or

services or who commits money, property, or services in a personal investment.

‘De facto class action’ means an action that has not been certified by the court but

includes identical considerations as provided in Hawaii rules of civil procedure rule 23

such as common questions of law or fact, claims or defenses of the representative parties

are typical of the claims or defenses of nonparties and, as a practical matter, the

disposition of the interest of the class or other members not parties to the adjudications

would substantially impair or impede their ability to protect their interest.

‘Person’ or ‘persons’ includes individuals, corporations, firms, trusts, partnerships,

limited partnerships, limited liability partnerships, limited liability limited partnerships,

limited liability companies, and incorporated or unincorporated associations, existing

under or authorized by the laws of this State, or any other state, or any foreign country.

‘Purchase’ or ‘buy’ includes ‘contract to buy’, ‘lease’, ‘contract to lease’, ‘acquire a

license’, and ‘contract to acquire a license’.

‘Purchaser’ includes the equivalent terms of ‘purchase’ and ‘buy’.

‘Sale’ or ‘sell’ includes ‘contract to sell’, ‘lease’, ‘contract to lease’, ‘license’, and

‘contract to license’.

‘Seller’ includes the equivalent terms of ‘sale’ and ‘sell’.

§ 480-2. Unfair competition, practices, declared unlawful

(a) Unfair methods of competition and unfair or deceptive acts or practices in the

conduct of any trade or commerce are unlawful.

(b) In construing this section, the courts and the office of consumer protection

shall give due consideration to the rules, regulations, and decisions of the Federal Trade

Commission and the federal courts interpreting Section 5(a)(1) of the Federal Trade

Commission Act (15 U.S.C. 45(a)(1)), as from time to time amended.

Hawaii Statute 14-46

(c) No showing that the proceeding or suit would be in the public interest (as

these terms are interpreted under Section 5(b) of the Federal Trade Commission Act) is

necessary in any action brought under this section.

(d) No person other than a consumer, the attorney general or the director of the

office of consumer protection may bring an action based upon unfair or deceptive acts or

practices declared unlawful by this section.

(e) Any person may bring an action based on unfair methods of competition

declared unlawful by this section.

§ 480-3. Interpretation

This chapter shall be construed in accordance with judicial interpretations of similar

federal antitrust statutes, except that lawsuits by indirect purchasers may be brought as

provided in this chapter.

§ 480-3.1. Civil penalty

Any person, firm, company, association, or corporation violating any of the

provisions of Section 480-2 shall be fined a sum of not less than $500 nor more than

$10,000 for each violation, which sum shall be collected in a civil action brought by the

attorney general or the director of the office of consumer protection on behalf of the

State. The penalties provided in this section are cumulative to the remedies or penalties

available under all other laws of this State. Each day that a violation of Section 480-2

occurs shall be a separate violation.

§ 480-3.3. Endless chain schemes

A person engages in an unfair method of competition and an unfair or deceptive act

or practice within the meaning of Section 480-2 when, in the conduct of any trade or

commerce, the person contrives, prepares, sets up, proposes, or operates any endless

chain scheme. As used in this section, an endless chain scheme means any scheme for

the disposal or distribution of property whereby a participant pays a valuable

consideration for the chance to receive compensation for introducing one or more

additional persons into participation in the scheme, or for the chance to receive

compensation when a person introduced by the participant introduces a new participant.

Compensation, as used in this section, does not mean or include payments based upon

sales made to persons who are not participants in the scheme and who are not

purchasing in order to participate in the scheme.

§ 480-4. Combinations in restraint of trade, price-fixing and limitation of

production prohibited

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

in restraint of trade or commerce in the State, or in any section of this State is illegal.

(b) Without limiting the generality of the foregoing no person, exclusive of

members of a single business entity consisting of a sole proprietorship, partnership, trust,