Trade Practices and Antitrust Regulation

ORS 646.555
Burden of proof for person claiming exemption


In any proceeding to enforce the provisions of ORS 646.551 (Definitions for ORS 646.551 to 646.557) to 646.565 (Notice of provisions of ORS 646.561 and 646.563) and 646.608 (Additional unlawful business, trade practices), the burden of proving an exemption or exception is upon the person claiming it. [1989 c.622 §4]
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