72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 875
 
                         House Bill 2099
 
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.
 
  Requires attorneys for antitrust class of natural persons to
notify Attorney General of filing and proposed settlement of
claims under state antitrust laws.
 
                        A BILL FOR AN ACT
Relating to antitrust class actions; creating new provisions; and
  amending ORS 646.780.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 646.780 is amended to read:
  646.780. (1)(a) A person including the state or any political
subdivision in the state injured in its business or property by a
violation of ORS 646.725 or 646.730 may sue for the injury and
shall recover three times the damages sustained. The state may
bring the action authorized by this paragraph regardless of
whether the state dealt directly or indirectly with the adverse
party.
  (b) Notwithstanding paragraph (a) of this subsection, the state
may recover only the state's actual damages sustained and any
attorney fees, expert witness fees or investigative costs that
the court may award under subsection (3) of this section, if the
state:
  (A) Brings an action under ORS 646.760;
  (B) Commences a prosecution under ORS 646.815 and 646.990 (2);
or
  (C) Brings an action for an injury that the state suffered by
dealing indirectly with the adverse party and the state
establishes a violation other than a per se violation of ORS
646.725.
  (c) Notwithstanding paragraph (a) of this subsection, in any
action under this section in which the plaintiff prevails solely
on the basis of a judgment or decree entered in a proceeding
under 15 U.S.C. 1 to 45 or in another action by the state under
ORS 646.760, 646.770 or this section, used as collateral estoppel
against a defendant pursuant to ORS 646.805, plaintiff's recovery
shall be limited to the actual damages sustained and any attorney
fees, expert witness fees or investigative costs that may be
awarded under subsection (3) of this section.
  (2) Unless there is a subsequent judgment that the court lacks
jurisdiction, the taking of any testimony at the commencement of
trial on a civil complaint for damages filed under the antitrust
laws of the United States shall constitute an absolute bar and
waiver of any right of a plaintiff in such action to recover
damages from the same defendant under this section for the same
or substantially the same acts of plaintiff.
  (3)(a) Except as provided in subsection (4) of this section, in
an action brought under the provisions of this section by a
person other than the state or any political subdivision in the
state, the court may award reasonable attorney fees, expert
witness fees and investigative costs to the prevailing party.
  (b) Except as provided in subsection (4) of this section, in a
civil action brought under the provisions of this section or
under ORS 646.760 by the state or any political subdivision in
the state:
  (A) The court may award reasonable attorney fees, expert
witness fees and investigative costs to the state or political
subdivision if the state or political subdivision prevails in the
action; and
  (B) The court may award reasonable attorney fees, expert
witness fees and investigative costs to a defendant who prevails
in an action under this section if the court determines that the
state or political subdivision had no objectively reasonable
basis for asserting the claim or no reasonable basis for
appealing an adverse decision of the trial court.
  (4) The court may not award attorney fees, expert witness fees
or investigative costs to a prevailing defendant under the
provisions of this section if the action is maintained as a class
action pursuant to ORCP 32.
   { +  (5)(a) If an action is brought under the provisions of
this section and maintained as a class action on behalf of
natural persons alleging a violation of ORS 646.725 or 646.730,
the attorneys for the plaintiff class shall, within 30 days of
the filing of the action, provide to the Attorney General:
  (A) Written notice of the filing of the action; and
  (B) A copy of the complaint.
  (b) If a plaintiff class proposes to waive or release claims
for natural persons under ORS 646.725 or 646.730 as part of the
settlement of the class action, the attorneys for the plaintiff
class shall provide to the Attorney General:
  (A) Written notice of the proposed settlement;
  (B) A copy of the proposed settlement agreement and proposed
judgment; and
  (C) A copy of all documents submitted to the court in support
of the proposed settlement and proposed judgment.
  (c) The attorneys for the plaintiff class must provide the
information required by paragraph (b) of this subsection:
  (A) Contemporaneously with providing notice of the proposed
settlement to the settlement class; and
  (B) Not later than 45 days before the deadline for:
  (i) The public to comment on the proposed settlement; and
  (ii) Affected natural persons to opt out of the proposed
settlement. + }
  SECTION 2.  { + The amendments to ORS 646.780 by section 1 of
this 2003 Act apply to actions pending on or after the effective
date of this 2003 Act. + }
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