71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1110
 
                         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)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Modifies legislative declaration of purpose of antitrust laws
to include conduct outside this state that involves actual or
threatened injury in this state.
 
                        A BILL FOR 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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