Trade Practices and Antitrust Regulation

ORS 646.020
Definitions and explanations


(1)

When used in ORS 646.010 (Designation and scope of ORS 646.010 to 646.180) to 646.180 (Illegal contracts), unless the context otherwise requires:

(a)

“Commerce” means trade or commerce within this state, exclusive of food commerce.

(b)

“Food commerce” means trade or commerce within this state in articles of food for human consumption and such other articles as usually are sold in food stores in connection with articles of food for human consumption. In the case of persons selling items other than items of food commerce, the term “food commerce” is restricted solely to such items of food commerce as are defined in this paragraph.

(c)

“Person” means individual, corporation, partnership, association, joint stock company, business trust or unincorporated organization.

(d)

“Price” means the net price to the buyer after the deduction of all discounts, rebates, or other price concessions paid or allowed by the seller.

(e)

“Replacement cost” means the cost per unit at the retail outlet at which the merchandise sold or offered for sale could have been bought by the seller at any time within 10 days prior to the date of sale or the date upon which it is offered for sale by the seller, if bought in the same quantities as the seller’s usual or customary purchase of such merchandise, after deducting all discounts, rebates or other price concessions.

(f)

“Retailer in food commerce” means any person engaged in food commerce who sells directly to the consumer for use.

(g)

“Wholesaler in food commerce” means any person engaged in food commerce other than a retailer or producer, manufacturer or processor.

(2)

As used in ORS 646.010 (Designation and scope of ORS 646.010 to 646.180) to 646.180 (Illegal contracts), “vendor” includes any person who performs work upon, renovates, alters or improves any personal property belonging to another person.
§§ 646.010 to 646.180

Notes of Decisions

These sections were modeled after Robinson-Patman amendment to Clayton Act and federal cases interpreting federal statutes are persuasive in their interpretation. Redmond Ready-Mix, Inc. v. Coats, 283 Or 101, 582 P2d 1340 (1978)

Price discrimination under Oregon Anti-Price Discrimination Law may include buy-back of obsolete inventory and difference in credit terms available to competing dealers. Forster v. Kawasaki Motors Corp., 73 Or App 439, 698 P2d 1001 (1985), Sup Ct review denied

Atty. Gen. Opinions

"Kickbacks" on school photographer contracts, (1974) Vol 37, p 49

Law Review Citations

51 OLR 341-354, 408 (1972)

Chapter 646

Notes of Decisions

Subject matter regulated by this chapter is not "preempted" by Federal Robinson-Patman Act so as to render this chapter invalid. W. J. Seufert v. Nat. Restaurant Supply Co., 266 Or 92, 511 P2d 363 (1973)

Whether an injunction should issue when a court finds a violation of the Act is a matter of discretion. State ex rel Johnson v. International Harvester Co., 25 Or App 9, 548 P2d 176 (1976)

This chapter imposes no affirmative duty to inform customers of rates in absence of request, but prohibits making information about prices available to some customers and not others. Wildish Sand & Gravel v. Northwest Natural Gas Co., 103 Or App 215, 796 P2d 1237 (1990), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021