New York. Statutory Language

New York Statute 35-65

NEW YORK STATUTE

THE DONNELLY ACT

N.Y. GEN. BUS. LAW §§ 340 TO 347

§ 340. Contracts or agreements for monopoly or in restraint of trade

illegal and void

1. Every contract, agreement, arrangement or combination whereby

A monopoly in the conduct of any business, trade or commerce or in the

furnishing of any service in this state, is or may be established or maintained, or

whereby

Competition or the free exercise of any activity in the conduct of any business,

trade or commerce or in the furnishing of any service in this state is or may be

restrained or whereby

For the purpose of establishing or maintaining any such monopoly or unlawfully

interfering with the free exercise of any activity in the conduct of any business, trade

or commerce or in the furnishing of any service in this state any business, trade or

commerce or the furnishing of any service is or may be restrained, is hereby declared

to be against public policy, illegal and void.

2. Subject to the exceptions hereinafter provided in this section, the

provisions of this article shall apply to licensed insurers, licensed insurance agents,

licensed insurance brokers, licensed independent adjusters and other persons and

organizations subject to the provisions of the insurance law, to the extent not

regulated by provisions of article twenty-three of the insurance law; and further

provided, that nothing in this section shall apply to the marine insurances, including

marine protection and indemnity insurance and marine reinsurance, exempted from

the operation of article twenty-three of the insurance law.

3. The provisions of this article shall not apply to cooperative associations,

corporate or otherwise, of farmers, gardeners, or dairymen, including live stock

farmers and fruit growers, nor to contracts, agreements or arrangements made by

such associations, nor to bona fide labor unions.

4. The labor of human beings shall not be deemed or held to be a commodity

or article of commerce as such terms are used in this section and nothing herein

contained shall be deemed to prohibit or restrict the right of workingmen to combine

in unions, organizations and associations, not organized for the purpose of profit.

5. An action to recover damages caused by a violation of this section must be

commenced within four years after the cause of action has accrued. The state, or any

political subdivision or public authority of the state, or any person who shall sustain

damages by reason of any violation of this section, shall recover three-fold the actual

damages sustained thereby, as well as costs not exceeding ten thousand dollars, and

reasonable attorneys’ fees. At or before the commencement of any civil action by a

party other than the attorney-general for a violation of this section, notice thereof

shall be served upon the attorney-general. Where the aggrieved party is a political

subdivision or public authority of the state, notice of intention to commence an action