71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2216
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Attorney General Hardy
Myers for Department of Justice)
CHAPTER ................
AN ACT
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. + }
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Enrolled House Bill 2216 (HB 2216-INTRO) Page 1
Passed by House March 19, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 25, 2001
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President of Senate
Enrolled House Bill 2216 (HB 2216-INTRO) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
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Governor
Filed in Office of Secretary of State:
......M.,............., 2001
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Secretary of State
Enrolled House Bill 2216 (HB 2216-INTRO) Page 3