Trade Practices and Antitrust Regulation

ORS 646.715
Declaration of purpose


(1)

The Legislative Assembly deems it to be necessary and the purpose of ORS 646.705 (Definitions for ORS 136.617 and 646.705 to 646.805) to 646.805 (Effect of prior final judgment or decree) and 646.990 (Penalties) is to encourage free and open competition in the interest of the general welfare and economy of the state, by preventing monopolistic and unfair practices, combination and conspiracies in restraint of trade and commerce, and for that purpose to provide means to enjoin such practices and provide remedies for those injured by them.

(2)

Without limiting the scope of ORS 646.705 (Definitions for ORS 136.617 and 646.705 to 646.805) to 646.805 (Effect of prior final judgment or decree) and 646.990 (Penalties), it is the legislative purpose that it apply to intrastate trade or commerce, and to interstate trade or commerce involving an actual or threatened injury to a person or property located in this state. The decisions of federal courts in construction of federal law relating to the same subject shall be persuasive authority in the construction of ORS 646.705 (Definitions for ORS 136.617 and 646.705 to 646.805) to 646.805 (Effect of prior final judgment or decree) and 646.990 (Penalties). [1975 c.255 §3; 2001 c.415 §1]

Atty. Gen. Opinions

Participation of hospital owners, administrators, and industry representatives in review of hospital budget information after its collection by agency for purpose of presenting recommendations not anti-competitive, (1978) Vol 38, p 2060

§§ 646.705 to 646.815

Atty. Gen. Opinions

Meetings between members of associations having PUC authority to transport logs, poles and piling and mills and other shippers to jointly agree on rate for transportation, (1981) Vol 41, p 444

Law Review Citations

55 OLR 537-551 (1976); 56 OLR 331 (1977)

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