Trade Practices and Antitrust Regulation

ORS 646.469
Preservation of trade secret by court

  • methods


In any action brought under ORS 646.461 (Definitions for ORS 646.461 to 646.475) to 646.475 (Application and construction of ORS 646.461 to 646.475), the court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action or ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. [1987 c.537 §6]

Notes of Decisions

Portion of statute allowing court to prohibit person involved in litigation from disclosing trade secret without permission was unconstitutional content-based restraint on free speech. State ex rel Sports Management News v. Nachtigal, 324 Or 80, 921 P2d 1304 (1996)

Law Review Citations

35 WLR 629 (1999)

§§ 646.461 to 646.475

Law Review Citations

35 WLR 629 (1999)

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