Trade Practices and Antitrust Regulation

ORS 646.815
Criminal prosecutions

  • compromise of criminal charges
  • effect of prior action seeking civil penalties


(1)

Exclusive jurisdiction for criminal prosecution of any violation of ORS 646.725 (Prohibited acts) or 646.730 (Monopolies prohibited) is vested in the Attorney General. At any time, the Attorney General may receive and respond to an offer to compromise pending or potential criminal charges and any other related claims for relief under ORS 646.760 (Civil penalties), 646.770 (Equitable remedies), 646.775 (Actions by Attorney General) or 646.780 (Recovery of treble damages).

(2)

The commencement of trial seeking civil penalties in any action under ORS 646.760 (Civil penalties) shall bar any subsequent criminal prosecution for violation of ORS 646.725 (Prohibited acts) or 646.730 (Monopolies prohibited), based upon the same acts complained of. The commencement of trial in a criminal prosecution for violation of ORS 646.725 (Prohibited acts) or 646.730 (Monopolies prohibited) shall bar any subsequent action for recovery of civil penalties under ORS 646.760 (Civil penalties), based upon the same acts complained of, but shall not bar a subsequent suit for injunctive relief under ORS 646.760 (Civil penalties). [1975 c.255 §16(2),(3); 1999 c.552 §1]
§§ 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