Oklahoma. Statutory Language

Oklahoma Statute 39-23
. tit. 79, §§ 201 to 212
§ 201. Short title
Sections 1 through 12 of this act may be cited as the “Oklahoma Antitrust
Reform Act.”
§ 202. Definitions
As used in this act:
1. “Attorney General” means the Attorney General of Oklahoma;
2. “Commodity” means any tangible personal property, article, or good;
3. “Person” means a natural person, corporation, partnership, limited liability
company, proprietorship, association, municipal corporation, including any public
trust which has a municipal corporation as its beneficiary, or other political
subdivision of this state, including any public trust which has a political subdivision
as its beneficiary, or any other legal entity, but does not include the State of
Oklahoma, its departments, and its administrative agencies, except the Grand River
Dam Authority and the Oklahoma Municipal Power Authority to the extent that their
goods or services are not regulated by the Oklahoma Corporation Commission; and
4. “Services” means any work or labor, including, but not limited to, work or
labor furnished in connection with the sale, lease, or repair of commodities.
§ 203. Trust in restraint of trade – monopoly of trade – refusal of
access to essential facility – actions by competitors
A. Every act, agreement, contract, or combination in the form of a trust, or
otherwise, or conspiracy in restraint of trade or commerce within this state is hereby
declared to be against public policy and illegal.
B. It is unlawful for any person to monopolize, attempt to monopolize, or
conspire to monopolize any part of trade or commerce in a relevant market within
this state.
C. Without limiting any other section of Title 79 of the Oklahoma Statutes or
applicable sections of Title 17 of the Oklahoma Statutes, it is unlawful for any person
in control of an essential facility to unreasonably refuse to give a competitor or
customer of an entity controlling an essential facility access to it upon reasonable
terms if the effect of such denial is to injure competition. An injured competitor or
customer may bring an action under Section 5 of this act to enforce the provisions of
this section only when such injured competitor or customer does not have a remedy
before the Corporation Commission.
D. As used in this section:
Oklahoma Statute 39-24
1. “Monopolize” means:
a. the possession of monopoly power in the relevant market, and
b. the willful acquisition or maintenance of that power by
exclusionary conduct as distinguished from growth or development as a consequence
of a superior product and/or service, business acumen, or historic accident;
2. “Monopoly power” means the power to control market prices or
exclude competition;
3. “Essential facility” means a facility:
a. which is controlled by an entity that possesses monopoly
b. that a competitor would be unable to practically or reasonably
c. the use of which has been unreasonably denied to a
competitor or a customer of the entity that possesses monopoly power, and
d. that it would be feasible to allow the competitor or customer
to use or have access to without causing harm to or unreasonably interfering with the
entity that possesses monopoly power.
§ 204. Unlawful discrimination in price between different purchasers
of commodities
It shall be unlawful for any person engaged in commerce, in the course of such
commerce, either directly or indirectly, to discriminate in price between different
purchasers of commodities of like grade and quality, where either or any of the
purchases involved in such discrimination are in commerce, where such commodities
are sold for use, consumption, or resale within this state, and where the effect of such
discrimination may be substantially to lessen competition or tend to create a
monopoly in any line of commerce, or to injure, destroy, or prevent competition with
any person who either grants or knowingly receives the benefit of such
discrimination, or with customers of either of them; provided, that nothing herein
contained shall prevent differentials which make only due allowance for differences
in the cost of manufacture, sale, or delivery resulting from the differing methods or
quantities in which such commodities are to such purchasers sold or delivered;
provided further, that nothing herein contained shall prevent persons engaged in
selling commodities, wares, or merchandise in commerce from selecting their own
customers in bona fide transactions and not in restraint of trade; provided further, that
nothing herein contained shall prevent price changes from time to time where in
response to changing conditions affecting the market for or the marketability of the
commodities concerned, including, but not limited to, actual or imminent
deterioration of perishable commodities, obsolescence of seasonal commodities,
distress sales under court process, or sales in good faith in discontinuance of business
in the commodities concerned. Nothing herein contained shall prevent a seller
rebutting the prima facie case thus made by showing that his or her lower price to
any purchaser or purchasers was made in good faith to meet an equally low price of a

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