Massachusetts. Statutory Language

Massachusetts Statute 24-29

MASSACHUSETTS STATUTE

MASSACHUSETTS ANTITRUST ACT

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. ch. 93, §§ 1 to 14D

§ 1. Short title; purpose

Sections one to fourteen A, inclusive, shall be known, and may be cited, as the

“Massachusetts Antitrust Act”. It is the purpose of this chapter to encourage free and

open competition in the interests of the general welfare and economy by prohibiting

unreasonable restraints of trade and monopolistic practices in the commonwealth.

This chapter shall be construed in harmony with judicial interpretations of

comparable federal antitrust statutes insofar as practicable.

§ 2. Definitions

For purpose of this chapter, the following words and terms shall have the

following meanings:

“Attorney general”, the attorney general of the commonwealth and individuals

designated by him in writing to act on his behalf in carrying out the purposes of this

chapter.

“Demand”, a civil investigative demand issued pursuant to section eight of this

chapter.

“Natural person”, not proprietorships, partnerships or any commercial entity.

“New England”, the states of Connecticut, Maine, Massachusetts, New

Hampshire, Rhode Island and Vermont.

“Person”, natural persons, corporations and other legal entities.

“Trade or commerce”, the advertising, offering for sale, rent or lease, or the sale,

rent, lease, furnishing or distribution of any service or any article, commodity or

property, tangible or intangible, which directly and substantially affects the people of

the commonwealth; provided, however, that trade or commerce shall not include the

conveyance, transfer or use of real property.

“Trade secrets”, anything which constitutes, represents, evidences, or records

secret or confidential scientific, technical, merchandising, production, management

or commercial information.

§ 3. Jurisdiction

Nothing in the Massachusetts Antitrust Act, hereinafter referred to as the Act,

shall apply to any course of conduct, pattern of activity, or activities unless they

occur and have their competitive impact primarily and predominantly within the

commonwealth and at most, only incidentally outside New England, or any course of

conduct, pattern of activity, or activities which are the subject of a formal

Massachusetts Statute 24-30

investigation, proceeding or other assertion of federal jurisdiction by the Federal

Trade Commission, the United States Department of Justice or other federal agency.

For purposes of the Act, the burden of establishing jurisdiction shall be upon the

party asserting such jurisdiction with respect to any course of conduct, pattern of

activity, or activities of any person of whose gross revenue at least ten per cent is

derived from transactions involving interstate commerce outside of New England; as

to any course of conduct, pattern of activity or activities of all other persons, the

party asserting lack of jurisdiction under this chapter shall have the burden of

establishing same.

§ 4. Restraint of trade or commerce

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

restraint of trade or commerce in the commonwealth shall be unlawful.

§ 5. Monopolies

It shall be unlawful for any person or persons to monopolize, or attempt to

monopolize or combine or conspire with any other person or persons to monopolize

any part of trade or commerce in the commonwealth.

§ 6. Discouraging competition

It shall be unlawful for any person engaged in trade or commerce, in the course

thereof, to lease or make a sale or contract for sale of goods, wares, merchandise,

machinery, supplies or other commodities, patented or unpatented, for use,

consumption or resale in the commonwealth, or fix a price charged therefor, or

discount from, or rebate upon, such price on the condition, agreement or

understanding that the lessee or purchaser thereof shall not use or deal in the goods,

wares, merchandise, machinery, supplies or other commodities of a competitor or

competitors of the lessor or seller, where the effect of such lease, sale or contract for

sale or such condition, agreement or understanding may be to lessen substantially

competition or tend to create a monopoly in any line of trade or commerce in the

commonwealth.

§ 7. Exemptions

No provision of this Act shall apply to (a) Any activities which are exempt from

any of the federal antitrust laws or the Federal Trade Commission Act other than by

reason of the absence of a sufficient involvement of or impact upon interstate

commerce; (b) Any activities which are subject to regulation or supervision by state

or federal agencies; or (c) Any activities authorized or approved under federal, state

or local law.