Trade Practices and Antitrust Regulation

ORS 646.170
Requiring defendant to testify


Any defendant in an action brought under the provisions of ORS 646.140 (Enjoining violations) to 646.160 (Presumption of damages) may be required to testify under the provisions of ORCP 65 or by deposition. In addition, the books and records of any such defendant may be brought into court and introduced, by reference, into evidence. No information so obtained may be used against the defendant as a basis for a criminal prosecution under ORS 646.990 (Penalties) (1). [Amended by 1979 c.284 §184; 1981 c.898 §52]
§§ 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