Chapter 415 Oregon Laws 2001

AN ACT

HB 2216

Relating to application of state antitrust laws to interstate commerce; creating new provisions; and amending ORS 646.715.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 646.715 is amended to read:

646.715. (1) The Legislative Assembly deems it to be necessary and the purpose of ORS [136.617,] 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 [136.617,] 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 [which is primarily of an intrastate nature and over which federal jurisdiction, for whatever reason, has not been exercised by the Federal Trade Commission or the United States Department of Justice] 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 [136.617,] 646.705 to 646.805 and 646.990.

[(3) The repeal by section 17, chapter 255, Oregon Laws 1975, of the statutes listed therein shall not be deemed to make lawful any conduct or act prohibited thereby which is made unlawful by ORS 646.725 and 646.730.]

SECTION 2. The repeal by section 17, chapter 255, Oregon Laws 1975, of the statutes listed therein shall not be deemed to make lawful any conduct or act prohibited thereby that is made unlawful by ORS 646.725 and 646.730.

Approved by the Governor June 18, 2001

Filed in the office of Secretary of State June 18, 2001

Effective date January 1, 2002

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