Oregon. Statutory Language

Oregon Statute 40-39

OREGON STATUTE

OREGON ANTITRUST LAW

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646.705

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646.836

§ 646.705. Definitions for ORS 136.617 and 646.705 to 646.805

(1) As used in ORS 136.617 and 646.705 to 646.805, “trade or commerce”

means trade or commerce within the state; or between the state and any state,

territory, or foreign nation.

(2) As used in ORS 646.775, “natural persons” shall not include

proprietorships or partnerships.

§ 646.715. Declaration of purpose

(1) The Legislative Assembly deems it to be necessary and the purpose of

ORS 646.705 to 646.805 and 646.990 is to encourage free and open competition in

the interest of the general welfare and economy of the state, by preventing

monopolistic and unfair practices, combination and conspiracies in restraint of trade

and commerce, and for that purpose to provide means to enjoin such practices and

provide remedies for those injured by them.

(2) Without limiting the scope of ORS 646.705 to 646.805 and 646.990, it is

the legislative purpose that it apply to intrastate trade or commerce, and to interstate

trade or commerce involving an actual or threatened injury to a person or property

located in this state. The decisions of federal courts in construction of federal law

relating to the same subject shall be persuasive authority in the construction of ORS

646.705 to 646.805 and 646.990.

§ 646.725. Prohibited acts

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

restraint of trade or commerce is declared to be illegal.

§ 646.730. Monopolies prohibited

Every person who shall monopolize, or attempt to monopolize, or combine or

conspire with any other person or persons, to monopolize any part of trade or

commerce, shall be in violation of ORS 136.617, 646.705 to 646.805 and 646.990.

§ 646.740. Permitted activities

The provisions of ORS 136.617, 646.705 to 646.805 and 646.990 may not be

construed to make the following illegal:

Oregon Statute 40-40

(1) The activities of any labor organization or individual working men and

women permitted by ORS chapters 661 to 663.

(2) The right of producers, as defined in ORS 646.515, and commercial

fishermen to join, belong to and act through cooperative bargaining associations

under ORS 646.515 to 646.545. For the purpose of this subsection, activities of

cooperative bargaining associations and their members that are lawful under

15 U.S.C. 521 and 522 or 7 U.S.C. 291 and 292 are lawful under ORS 646.515 to

646.545.

(3) The activities of any person subject to regulation by the Public Utility

Commission under ORS chapters 756 to 759 to the extent that such activities are so

regulated and are lawful thereunder or the activities of any person conducted or

carried out in accordance with any agreement or procedure approved as provided in

49 U.S.C. 5b or 5c.

(4) The activities of any person subject to regulation by the Director of the

Department of Consumer and Business Services under ORS chapters 731 to 750 to

the extent that such activities are so regulated and are lawful thereunder.

(5) The activities of any state or national banking institution or savings and

loan association, and of any other lending institution, to the extent that such activities

are regulated by the Director of the Department of Consumer and Business Services

under ORS chapters 706 to 725 and are lawful thereunder.

(6) Any other activity specifically authorized under state law or local

ordinance.

(7) The activities of any metropolitan service district formed under ORS

chapter 268 and the activities of any person subject to regulation by a metropolitan

service district formed under ORS chapter 268 to the extent that those activities are

so regulated and are lawful thereunder.

(8) The activities of any person conducted or carried out in accordance with

the terms and conditions of a certificate issued pursuant to 15 U.S.C. 4001 to 4021.

(9) The activities of a health care provider authorized by and in accordance

with ORS 442.700 to 442.760 to the extent the activities are regulated and lawful

under ORS 442.700 to 442.760.

(10) The negotiating activities of a dealer in agricultural commodities that are

carried out and supervised under ORS 646.737 or 646.738.

(11) The negotiating activities of a dealer in Oregon seafood commodities that

are carried out and supervised under ORS 646.739.

§ 646.745. Joint operation of Memorial Coliseum and Arena in Portland;

definitions; legislative findings and goals; state supervision

(1) As used in this section:

(a) “Affiliate” means an individual, or a corporation or other entity

controlling, controlled by or under common control with the owner or operator of the

arena. For purposes of this subsection, the term “control” means ownership of more

than 50 percent of the shares or other ownership interests in the owner or operator of

the arena or having management power over the affairs of the owner or operator of

the arena.