Trade Practices and Antitrust Regulation

ORS 646.725
Prohibited acts

Every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce is declared to be illegal. [1975 c.255 §4]

Notes of Decisions

Where legality of tying arrangement was at issue, possession of exclusive trademark or service mark alone did not create presumption of sufficient economic power over market for tying product. Golden West Insulation, Inc. v. Stardust Investment Corp., 47 Or App 493, 615 P2d 1048 (1980)

In action to enforce land sale contract, defendant could properly raise and sufficiently alleged, as affirmative defense, existence of an illegal tying agreement under this section. King City Realty v. Sunpace, 291 Or 573, 633 P2d 784 (1981)

Where there is no evidence that plaintiff's exclusion from participation in Network Health Care Plan had adverse effect on competition, plan is not illegal per se and not unreasonable restraint on trade. NW Medical Lab v. Blue Cross and Blue Shield, 97 Or App 74, 775 P2d 863 (1989), aff'd 310 Or 72, 794 P2d 428 (1990)

§§ 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


Last accessed
Jun. 26, 2021