West Virginia. Statutory Language

West Virginia Statute 53-25

WEST VIRGINIA STATUTE

WEST VIRGINIA ANTITRUST ACT

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47-18-1

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47-18-23

§ 47-18-1. Short title

This article shall be known and may be cited as the “West Virginia Antitrust

Act.”

§ 47-18-2. Definitions

As used in this article, unless the context otherwise requires:

(a) “Person” shall mean any natural person or persons, or any corporation,

partnership, company, trust or association of persons.

(b) “Trade or commerce” shall include all economic activity involving or

relating to any commodity or service.

(c) “Commodity” shall mean any kind of real or personal property.

(d) “Service” shall mean any activity which is performed in whole or in part

for the purpose of financial gain, including but not limited to sale, rental, leasing or

licensing for use.

§ 47-18-3. Contracts and combinations in restraint of trade

(a) Every contract, combination in the form of trust or otherwise, or

conspiracy in restraint of trade or commerce in this State shall be unlawful.

(b) Without limiting the effect of subsection (a) of this section, the following

shall be deemed to restrain trade or commerce unreasonably and are unlawful:

(1) A contract, combination or conspiracy between two or more

persons:

(A) For the purpose or with the effect of fixing, controlling, or

maintaining the market price, rate or fee of any commodity or service; or

(B) Fixing, controlling, maintaining, limiting or discontinuing the

production, manufacture, mining, sale or supply of any commodity, or the sale or

supply of any service, for the purpose or with the effect of fixing, controlling or

maintaining the market price, rate or fee of the commodity or service; or

(C) Allocating or dividing customers or markets, functional or

geographic, for any commodity or service.

(2) A contract, combination or conspiracy between two or more persons

whereby, in the letting of any public or private contract:

(A) The price quotation of any bid is fixed or controlled; or

(B) One or more persons submits a bid intending it to be higher

than another bid and thus complementary thereto, submits a bid intending it to be

substantially identical to another bid, or refrains from the submission of a bid.

West Virginia Statute 53-26

(3) A contract, combination or conspiracy between two or more persons

refusing to deal with any other person or persons for the purpose of effecting any of

the acts described in subdivisions (1) and (2) of this subsection.

§ 47-18-4. Establishment, maintenance or use of monopoly

The establishment, maintenance or use of a monopoly or an attempt to establish

a monopoly of trade or commerce, any part of which is within this State, by any

persons for the purpose of excluding competition or controlling, fixing or

maintaining prices is unlawful.

§ 47-18-4a. Repealed

Repealed by Acts 1996, c. 72, eff. 90 days after March 8, 1996.

§ 47-18-5. Exemptions

(a) Labor of a human being is not a commodity or an article of commerce.

(b) Nothing in this article shall be construed to forbid the existence and

operation of any labor, agricultural or horticultural organization instituted for the

purpose of mutual help, while lawfully carrying out its legitimate objects; or the

existence or operation of any person whose activities or operations are regulated, to

the extent of such regulation, pursuant to the laws of this State or of the

United States, by a regulatory agency of this State or of the United States; or the

bona fide religious and charitable activities of any nonprofit corporation, trust or

organization established exclusively for religious or charitable purposes or both.

§ 47-18-6. General powers and duties of attorney general

The attorney general shall investigate suspected violations of, and institute such

proceedings as are hereinafter provided for violation of the provisions of this article.

The attorney general may direct the county prosecutor of any county in which such

proceedings may be brought to aid and assist him in the conduct of such investigation

and proceedings.

§ 47-18-7. Investigations; powers and duties of attorney general

(a) If the attorney general has probable cause to believe that a person has

engaged in an act which is subject to action by the attorney general under any of the

provisions of this article, he may make an investigation to determine if the act has

been committed and, to the extent necessary for this purpose, may administer oaths

or affirmations, and may subpoena witnesses, compel their attendance, adduce

evidence, and require the production of any matter which is relevant to the

investigation, including the existence, description, nature, custody, condition and

location of any books, records, documents or other tangible things and the identity