North Carolina. Statutory Language

North Carolina Statute 36-47

NORTH CAROLINA STATUTE

ANTITRUST AND UNFAIR COMPETITION

N.C.

G

EN

.

S

TAT

. §§ 75-1 to 75-29

§ 75-1. Combinations in restraint of trade illegal

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

restraint of trade or commerce in the State of North Carolina is hereby declared to be

illegal. Every person or corporation who shall make any such contract expressly or

shall knowingly be a party thereto by implication, or who shall engage in any such

combination or conspiracy shall be guilty of a Class H felony.

§ 75-1.1. Methods of competition, acts and practices regulated; legislative

policy

(a) Unfair methods of competition in or affecting commerce, and unfair or

deceptive acts or practices in or affecting commerce, are declared unlawful.

(b) For purposes of this section, “commerce” includes all business activities,

however denominated, but does not include professional services rendered by a

member of a learned profession.

(c) Nothing in this section shall apply to acts done by the publisher, owner,

agent, or employee of a newspaper, periodical or radio or television station, or other

advertising medium in the publication or dissemination of an advertisement, when

the owner, agent or employee did not have knowledge of the false, misleading or

deceptive character of the advertisement and when the newspaper, periodical or radio

or television station, or other advertising medium did not have a direct financial

interest in the sale or distribution of the advertised product or service.

(d) Any party claiming to be exempt from the provisions of this section shall

have the burden of proof with respect to such claim.

§ 75-2. Any restraint in violation of common law included

Any act, contract, combination in the form of trust, or conspiracy in restraint of

trade or commerce which violates the principles of the common law is hereby

declared to be in violation of G.S. 75-1.

§ 75-2.1. Monopolizing and attempting to monopolize prohibited

It is unlawful for any person 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 State of North Carolina.