Idaho. Statutory Language

Idaho Statute 15-23
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 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
(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
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
(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
(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

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT