Idaho. Statutory Language

Idaho Statute 15-23

IDAHO STATUTE

IDAHO CONSTITUTION

Art. 11, § 18. Combinations in restraint of trade prohibited

That no incorporated company or any association of persons or stock company,

in the state of Idaho, shall directly or indirectly combine or make any contract with

any other incorporated company, foreign or domestic, through their stockholders, or

the trustees or assignees of such stockholders, or in any manner whatsoever, for the

purpose of fixing the price or regulating the production of any article or commerce or

of produce of the soil, or of consumption by the people; and that the legislature be

required to pass laws for the enforcement thereof, by adequate penalties, to the

extent, if necessary for that purpose, of the forfeiture of their property and franchise.

IDAHO COMPETITION ACT

IDAHO CODE ANN. §§ 48-101 to 48-118

§ 48-101. Short Title

This act shall be known and may be cited as the “Idaho Competition Act.”

§ 48-102. Legislative findings, purpose, interpretation and scope of

chapter

(1) The Idaho legislature finds that fair competition is fundamental to the free

market system. The unrestrained interaction of competitive forces will yield the best

allocation of Idaho’s economic resources, the lowest prices, the highest quality, and

the greatest material progress, while at the same time providing an environment

conducive to the preservation of our democratic and social institutions.

(2) The purpose of this chapter is to maintain and promote economic

competition in Idaho commerce, to provide the benefits of that competition to

consumers and businesses in the state, and to establish efficient and economical

procedures to accomplish these purposes and policies.

(3) The provisions of this chapter shall be construed in harmony with federal

judicial interpretations of comparable federal antitrust statutes and consistent with

this chapter’s purposes, as set forth in subsection (2) of this section.

(4) This chapter applies to conduct proscribed herein that affects Idaho

commerce.

Idaho Statute 15-24

§ 48-103. Definitions

As used in this act:

(1) “Idaho commerce” means any economic activity occurring wholly or

partly within the state of Idaho, or which affects economic activity within the state of

Idaho.

(2) “Person” means any natural person, corporation, partnership, trust,

association, or any other legal or commercial entity.

§ 48-104. Unreasonable restraint of trade or commerce

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

unreasonable restraint of Idaho commerce is unlawful.

§ 48-105. Monopolies

It is unlawful to monopolize, attempt to monopolize, or combine or conspire to

monopolize any line of Idaho commerce.

§ 48-106. Acquisitions that substantially lessen competition

(1) It is unlawful for a person to acquire, directly or indirectly, the whole or

any part of the stock, share capital, or other equity interest or the whole or any part of

the assets of, another person engaged in Idaho commerce, where the effect of such

acquisition may be substantially to lessen competition or to tend to create a

monopoly of any line of Idaho commerce.

(2) This section shall not apply to persons purchasing the stock or other equity

interest of another person solely for investment and not using those assets by voting

or otherwise to bring about, or attempt to bring about, the substantial lessening of

competition. Nothing contained in this section shall prevent a person engaged in

Idaho commerce from causing the formation of subsidiary corporations or other

business organizations, or from owning and holding all or a part of the stock or

equity interest of such subsidiary corporations or other business organizations.

§ 48-107. Exempt activities

(1) No provision of this chapter shall be construed to prohibit:

(a) Activities that are exempt from the operation of the federal antitrust

laws.

(b) Activities required or affirmatively approved by any statute of this

state or of the United States or by a regulatory agency of this state or of the United

States duly acting under any constitutional or statutory authority vesting the agency

with such power.

(c) Activities of a municipality or its officers or employees acting in an

official capacity, to the extent that those activities are authorized or directed by state

law.