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H0290......................................................by STATE AFFAIRS FAIR COMPETITION IN TRADE - Repeals and adds to existing law to provide the Fair Competition in Trade Act; to provide legislative findings; to provide the purpose and scope of the chapter; to provide definitions; to prohibit unreasonable restraint of trade; to prohibit the establishment, maintenance or use of monopoly power; to prohibit acquisitions that substantially lessen competition; to prohibit price fixing, production control, allocation of markets, collusive bidding, concerted refusals to deal and tying arrangements; to exempt certain activities; to provide for proceedings by the Attorney General; to provide for civil antitrust investigations; to prohibit the failure to obey a civil investigative demand or subpoena request; to prohibit violation of court orders and consent decrees; to provide penalties; to authorize additional relief by the district court; to provide for private causes of action; to provide for awards to the Attorney General and use of moneys; to provide a statute of limitations; to provide that an action is not barred because it affects interstate or foreign commerce; to provide for service of notice; and to provide for venue. 02/22 House intro - 1st rdg - to printing 02/23 Rpt prt - to St Aff 02/26 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/10 Ret'd to St Aff
H0290|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 290 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO TRADE PRACTICES; REPEALING CHAPTERS 1 AND 3, TITLE 48, IDAHO CODE; 3 REPEALING SECTION 18-5201, IDAHO CODE; AMENDING TITLE 48, IDAHO CODE, BY 4 THE ADDITION A NEW CHAPTER 1, TITLE 48, IDAHO CODE, TO PROVIDE THE FAIR 5 COMPETITION IN TRADE ACT, TO PROVIDE A SHORT TITLE, TO PROVIDE LEGISLATIVE 6 FINDINGS, PURPOSE AND SCOPE OF THE CHAPTER, TO PROVIDE DEFINITIONS, TO 7 PROHIBIT UNREASONABLE RESTRAINT OF TRADE, TO PROHIBIT THE ESTABLISHMENT, 8 MAINTENANCE OR USE OF MONOPOLY POWER, TO PROHIBIT ACQUISITIONS THAT SUB- 9 STANTIALLY LESSEN COMPETITION, TO PROHIBIT PRICE FIXING, PRODUCTION CON- 10 TROL, ALLOCATION OF MARKETS, COLLUSIVE BIDDING, CONCERTED REFUSALS TO DEAL 11 AND TYING ARRANGEMENTS, TO EXEMPT CERTAIN ACTIVITIES, TO PROVIDE FOR CIVIL 12 ACTIONS AND SETTLEMENTS BY THE ATTORNEY GENERAL, TO PROVIDE FOR CIVIL 13 INVESTIGATIONS, TO PROHIBIT THE FAILURE TO OBEY A CIVIL INVESTIGATIVE 14 DEMAND OR SUBPOENA, TO PROHIBIT VIOLATION OF COURT ORDERS AND CONSENT 15 DECREES AND TO PROVIDE PENALTIES, TO AUTHORIZE ADDITIONAL RELIEF BY THE 16 DISTRICT COURT, TO PROVIDE FOR PRIVATE CAUSES OF ACTION, TO PROVIDE FOR 17 AWARDS TO THE ATTORNEY GENERAL AND USE OF MONEYS, TO PROVIDE A STATUTE OF 18 LIMITATIONS, TO PROVIDE THAT AN ACTION IS NOT BARRED BECAUSE IT AFFECTS 19 INTERSTATE OR FOREIGN COMMERCE, TO PROVIDE FOR SERVICE OF NOTICE AND TO 20 PROVIDE FOR VENUE; AND AMENDING SECTION 18-7803, IDAHO CODE, TO DELETE A 21 REFERENCE TO MONOPOLIES AND COMBINATIONS AND TO MAKE TECHNICAL CORREC- 22 TIONS. 23 Be It Enacted by the Legislature of the State of Idaho: 24 SECTION 1. That Chapters 1 and 3, Title 48, Idaho Code, be, and the same 25 are hereby repealed. 26 SECTION 2. That Section 18-5201, Idaho Code, be, and the same is hereby 27 repealed. 28 SECTION 3. That Title 48, Idaho Code, be, and the same is hereby amended 29 by the addition thereto of a NEW CHAPTER , to be known and desig- 30 nated as Chapter 1, Title 48, Idaho Code, and to read as follows: 31 CHAPTER 1 32 FAIR COMPETITION IN TRADE ACT 33 48-101. SHORT TITLE. This act shall be known and may be cited as the 34 "Fair Competition in Trade Act." 35 48-102. LEGISLATIVE FINDINGS -- PURPOSE AND SCOPE OF CHAPTER. (1) The 36 Idaho legislature finds that fair competition is fundamental to the free mar- 37 ket system. The unrestrained interaction of competitive forces will yield the 38 best allocation of Idaho's economic resources, the lowest prices, the highest 39 quality, and the greatest material progress, while at the same time providing 2 1 an environment conducive to the preservation of our democratic and social 2 institutions. 3 (2) The purpose of this chapter is to encourage free, fair and open com- 4 petition in the interest of the general welfare and economy of this state by 5 prohibiting unreasonable restraints of trade or commerce, monopolistic trade 6 practices, and acquisitions that substantially lessen competition, and to pro- 7 vide efficient and economical procedures to accomplish these purposes and 8 policies. This chapter is remedial and should be liberally construed to 9 accomplish and promote these policies and purposes. 10 (3) This chapter applies to any contract, combination, or conspiracy, 11 wherever created, formed, or entered into; any establishment, maintenance, or 12 use of monopoly power; any attempt to establish, maintain, or use monopoly 13 power; and any acquisition that substantially lessens fair competition; when- 14 ever any of the foregoing affects the trade or commerce of this state. 15 48-103. DEFINITIONS. As used in this chapter: 16 (1) "Commodity" means any tangible or intangible property, real, per- 17 sonal, or mixed, for use, consumption, enjoyment, or resale. The labor of a 18 human being is not a commodity. 19 (2) "Contract, combination, or conspiracy" means any agreement, arrange- 20 ment, collusion, or understanding. "Contract" includes a purchase, a contract 21 to purchase, a sale, a contract to sell, a lease, a contract to lease, a 22 license, or a contract to license. "Combination" includes a trust, common 23 selling or purchasing agent, pool or holding company. 24 (3) "Person" means any natural person, corporation, partnership, trust, 25 association, or any other legal or commercial entity. 26 (4) "Service" means any kind of activity performed in whole or in part 27 for financial gain. 28 (5) "Trade or commerce" means any economic activity involving or relating 29 to any commodity or service. 30 48-104. UNREASONABLE RESTRAINT OF TRADE OR COMMERCE. A contract, combina- 31 tion, or conspiracy between two (2) or more persons in unreasonable restraint 32 of trade or commerce is unlawful. 33 48-105. ESTABLISHMENT, MAINTENANCE OR USE OF MONOPOLY POWER. The estab- 34 lishment, maintenance, or use of, or any attempt to establish, maintain, or 35 use monopoly power over any part of trade or commerce by any person or persons 36 for the purpose of affecting competition or controlling, fixing, or maintain- 37 ing prices is unlawful. 38 48-106. ACQUISITIONS THAT SUBSTANTIALLY LESSEN COMPETITION. The acquisi- 39 tion by one (1) person of the whole or any part of the assets of another per- 40 son, where the effect of the acquisition may be to substantially lessen compe- 41 tition, or to tend to create a monopoly, is unlawful. This section does not 42 apply to persons purchasing the assets of another person solely for investment 43 and not using those assets by voting or otherwise to bring about, or attempt 44 to bring about, the substantial lessening of competition. Nothing in this 45 section shall prevent a corporation from causing the formation of subsidiary 46 corporations for the actual carrying on of their immediate lawful business, or 47 the natural and legitimate branches or extensions thereof, or from owning and 48 holding all or a part of the stock of such subsidiary corporations, when the 49 effect of the formation is not to substantially lessen competition. In addi- 50 tion to any other remedy provided by this chapter, the district court may 51 order any person to divest itself of the assets held contrary to this section, 3 1 in the manner and within the time fixed by the court order. 2 48-107. PRICE FIXING -- PRODUCTION CONTROL -- ALLOCATION OF MARKETS -- 3 COLLUSIVE BIDDING -- CONCERTED REFUSALS TO DEAL -- TYING ARRANGEMENTS. Without 4 limiting section 48-104, Idaho Code, the following restraints of trade or com- 5 merce are unreasonable and unlawful: 6 (1) A contract, combination or conspiracy between two (2) or more persons 7 in competition: 8 (a) For the purpose or with the effect of affecting, fixing, controlling 9 or maintaining the price, rate or fee of any commodity or service; 10 (b) Affecting, fixing, controlling, maintaining, limiting or discontinu- 11 ing the production, sale or supply of any commodity or the sale or supply 12 of any service, for the purpose or with the effect of affecting, fixing, 13 controlling or maintaining the price, rate or fee of the commodity or ser- 14 vice; or 15 (c) Allocating or dividing customers or markets, functional or geographi- 16 cal, for any commodity or service. 17 (2) A contract, combination or conspiracy between two (2) or more persons 18 whereby, in the letting of any public contract, the price quotation of any bid 19 is fixed or controlled; one (1) or more persons refrains from the submission 20 of a bid; or competition is in any other manner restrained. 21 (3) A contract, combination or conspiracy between two (2) or more persons 22 refusing to deal with another person, where the challenged conduct is likely 23 to have a predominantly anticompetitive effect, and the boycotting contract, 24 combination or conspiracy possesses market power in the relevant market. This 25 subsection does not apply to refusals to deal by associations, trading boards, 26 or exchanges when predicated upon a failure to comply with rules of member- 27 ship. 28 (4) Tying arrangements in which there are two (2) separate products or 29 services, the sale of one (1) of the products is conditioned on the purchase 30 of the other product, the seller has power in the market for the tying prod- 31 uct, and a substantial volume of trade or commerce is foreclosed thereby. 32 48-108. EXEMPT ACTIVITIES. (1) No provision of this chapter shall be con- 33 strued to prohibit: 34 (a) The activities of any person in instances where the activities at 35 issue are specifically permitted by any state or federal law, or any state 36 or federal regulatory agency acting under proper authority. By way of 37 example and not limitation, the activities of any insurer, insurance agent 38 or broker, or rating organization including, but not limited to, making or 39 participating in joint underwriting or reinsurance arrangements, to the 40 extent that the activities at issue are specifically permitted by the 41 department of insurance, are not subject to this chapter. Also, the 42 activities of any state or national banking institution, to the extent 43 that the activities at issue are specifically permitted by state or fed- 44 eral agencies under the state or federal banking laws, are also not sub- 45 ject to this chapter. Finally, the activities of any public utility to 46 the extent that the activities at issue are specifically permitted by the 47 public utilities commission, are not subject to this chapter; 48 (b) The activities of a municipality or its officers or employees acting 49 in an official capacity, to the extent that those activities are autho- 50 rized or directed by state law; 51 (c) The existence of, or membership in, organizations instituted for the 52 purpose of mutual help and not having capital stock or conducted for 53 profit; nor shall the provisions of this chapter forbid or restrain indi- 4 1 vidual members of such organizations from lawfully carrying out legitimate 2 objectives of the organization; 3 (d) The activities of any labor organization, individual members of the 4 labor organization, or group of labor organizations, of any employer or 5 group of employers, or of any groups of employees, if these activities are 6 directed solely to legitimate labor objectives which are permitted under 7 the laws of this state or of the United States. 8 (2) Persons engaged in the production of raw agricultural products may 9 act together in associations, corporate or otherwise, with or without capital 10 stock, in collectively processing, preparing for market, handling and market- 11 ing the products of these persons, to the extent permitted under the laws of 12 this state or of the United States. These associations may have marketing 13 agencies in common and such associations and their members may make the neces- 14 sary contracts and agreements to effect such purposes. However, such associa- 15 tions must be operated for the mutual benefit of the members of these associa- 16 tions acting as producers and conform to the following requirements: 17 (a) No member of the association is allowed more than one (1) vote 18 because of the amount of stock or membership capital he may own therein; 19 (b) Every member of the association shall be a producer of raw agricul- 20 tural products; and 21 (c) The association shall not deal in the products of nonmembers in an 22 amount greater in value than such as are handled by it for its members. 23 Notwithstanding the foregoing, nothing in this subsection shall be deemed 24 to authorize any association qualified under this subsection to enter into any 25 combination or conspiracy with any nonmember of the association in such a man- 26 ner as to violate section 48-104, Idaho Code. Provided further, nothing in 27 this subsection shall be deemed to authorize any association qualified under 28 this subsection to engage in acts or practices in violation of section 48-105, 29 Idaho Code. 30 48-109. CIVIL ACTIONS AND SETTLEMENTS BY THE ATTORNEY GENERAL. (1) When- 31 ever the attorney general has reason to believe that any person is engaging, 32 has engaged, or is about to engage in any act or practice declared unlawful by 33 this chapter, the attorney general may bring an action in the name of the 34 state against that person: 35 (a) To obtain a declaratory judgment that the act or practice violates 36 the provisions of this chapter; 37 (b) To enjoin any act or practice that violates the provisions of this 38 chapter by issuance of a temporary restraining order or preliminary or 39 permanent injunction, without bond, upon the giving of appropriate notice; 40 (c) To recover on behalf of the state and its agencies actual damages or 41 restitution; and 42 (d) To recover civil penalties of up to fifty thousand dollars ($50,000) 43 per violation of this chapter and reasonable expenses, investigative costs 44 and attorney's fees. 45 (2) The attorney general also may bring a civil action in the name of 46 this state, as parens patriae on behalf of persons residing in this state, to 47 secure monetary relief as provided under this chapter for injury sustained by 48 those persons because of any violation of this chapter. Remedies available 49 under subsection (1) and (2) of this section are not mutually exclusive. 50 (3) In any parens patriae action brought under subsection (2) of this 51 section, damages may be proved and assessed in the aggregate without sepa- 52 rately proving the individual claim of, or amount of damages to, the persons 53 on whose behalf the suit was brought. Damages may be proven and assessed by 54 statistical or sampling methods or by any other reasonable system of estimat- 5 1 ing aggregate damages as the court may permit. Any person obtaining recovery 2 under such an action shall be barred from receiving a duplicative recovery in 3 any private action. 4 (4) In lieu of instigating or continuing an action or proceeding, or to 5 conclude an investigation commenced or contemplated under section 48-110, 6 Idaho Code, the attorney general may accept a consent decree with respect to 7 any act or practice alleged to be a violation of this chapter. The consent 8 decree may include a stipulation for the payment of civil penalties, the 9 attorney general's reasonable expenses, investigative costs and attorney's 10 fees, an agreement to pay actual damages or to allow for restitution of money, 11 property or other things received in connection with a violation of this chap- 12 ter, and agreed to injunctive provisions. Before any consent decree entered 13 into pursuant to this section is effective, it must be approved by the dis- 14 trict court and an entry made in the district court in the manner required for 15 making an entry of judgment. Once court approval is received, any breach of 16 the conditions of the consent decree shall be treated as a violation of a 17 court order, and shall be subject to all penalties provided by law for viola- 18 tion of court orders, including the penalties set forth in section 48-112, 19 Idaho Code. 20 (5) The attorney general may proceed under any antitrust laws in the fed- 21 eral courts on behalf of this state or any of its political subdivisions or 22 agencies. 23 48-110. CIVIL INVESTIGATIONS. (1) When the attorney general has reason to 24 believe that a person is engaging, has engaged, or is about to engage in any 25 act or practice declared unlawful by this chapter, he may, prior to the insti- 26 tution of a civil proceeding thereon, execute in writing and cause to be 27 served upon any person who is believed to have information, documentary mate- 28 rial, or physical evidence relevant to a civil investigation, a written civil 29 investigative demand requiring that person to furnish a report in writing set- 30 ting forth the relevant facts and circumstances of which he has knowledge, or 31 to appear and give oral testimony, under oath, concerning documentary material 32 or information, or to produce relevant documentary material or physical evi- 33 dence for examination, at a reasonable time and place as may be stated in the 34 investigative demand, or to furnish any combination thereof, concerning the 35 conduct of any trade or commerce that is the subject matter of the investiga- 36 tion. The return date of a civil investigative demand shall be not less than 37 thirty (30) days after service of the demand. 38 (2) To accomplish the objectives and to carry out the duties prescribed 39 by this chapter, the attorney general may also issue subpoenas to any person 40 and conduct hearings in aid of any investigation or inquiry. 41 (3) At any time before the return date specified in a civil investigative 42 demand, or within thirty (30) days after the demand has been served, whichever 43 period is later, a petition to extend the return date, or to modify or set 44 aside the demand, stating good cause, may be filed in the district court of 45 the county where the person served with the demand resides or has his princi- 46 pal place of business or in the district court in Ada county. 47 (4) Except as provided in subsection (5) of this section, any procedure, 48 testimony taken, or material produced under this section shall be kept confi- 49 dential by the attorney general before bringing an action against a person 50 under this chapter for the violation under investigation unless confidential- 51 ity is waived by the person whose testimony is disclosed, or is waived by the 52 person who produced to the attorney general or his designee the material being 53 disclosed, or the disclosure is authorized by court order. 54 (5) The attorney general or his designee may disclose the testimony or 6 1 material to a person employed by this state, the United States, or any other 2 state, if, before disclosure, the receiving official agrees in writing to com- 3 ply with the confidentiality provisions of this section. 4 (6) The attorney general or his designee may exclude from the place of 5 any examination under this section any person, except the person being exam- 6 ined and that person's counsel. 7 48-111. FAILURE TO OBEY CIVIL INVESTIGATIVE DEMAND OR SUBPOENA. (1) If 8 any person fails or refuses to file any statement or report, or obey any sub- 9 poena or civil investigative demand issued by the attorney general, the attor- 10 ney general may, after notice, apply to the district court and, after a hear- 11 ing, request an order: 12 (a) Ordering the person to comply with the subpoena or civil investiga- 13 tive demand issued by the attorney general; 14 (b) Granting injunctive relief to restrain the person from engaging in 15 the conduct of any trade or commerce that is involved in the alleged or 16 suspected violation; and 17 (c) Granting other relief as may be required, until the person files the 18 statement or report, or obeys the subpoena or civil investigative demand. 19 (2) Disobedience of any order entered under the provisions of this sec- 20 tion by any court shall be treated as a violation of a court order, and sub- 21 ject the offending person to all penalties provided by law for violations of 22 court orders, including the penalties set forth in section 48-112, Idaho Code. 23 48-112. VIOLATION OF COURT ORDERS AND CONSENT DECREES -- PENALTIES. Any 24 person who violates the terms of a consent order entered into pursuant to sec- 25 tion 48-109, Idaho Code, an order entered into pursuant to section 48-111, 26 Idaho Code, or any other judgment or final order entered into under the provi- 27 sions of this chapter, shall forfeit and pay a civil penalty of not more than 28 fifty thousand dollars ($50,000) for each violation, the amount of the penalty 29 to be determined by the district court issuing the judgment or order, or 30 approving the consent decree. 31 48-113. ADDITIONAL RELIEF OF DISTRICT COURT AUTHORIZED. When the state 32 prevails in any action, application or motion brought by the attorney general 33 under this chapter, the court shall award reasonable costs, investigative 34 expenses and attorney's fees to the attorney general. In addition, the court 35 may: 36 (1) Make orders or judgments as necessary to prevent the use or employ- 37 ment by a person of any act or practice declared unlawful by this chapter; 38 (2) Make orders or judgments as necessary to compensate persons for 39 actual damages sustained or to provide for restitution to persons of money, 40 property or other things received from persons in connection with a violation 41 of this chapter; 42 (3) Appoint a receiver to oversee assets or order sequestration of assets 43 whenever it appears that the defendant threatens or is about to remove, con- 44 ceal or dispose of property to the damage of persons to whom restoration would 45 be made under this subsection and assess the expenses of a master, receiver or 46 escrow agent against the defendant; and 47 (4) Grant other appropriate relief. 48 48-114. PRIVATE CAUSES OF ACTION. (1) Any person injured directly or 49 indirectly, or threatened with injury by reason of anything prohibited by this 50 chapter, may bring an action for injunctive relief, damages, and, as deter- 51 mined by the court, reasonable costs and attorney's fees. 7 1 (2) If the district court finds that the violation at issue was willful, 2 it shall increase the recovery to an amount not in excess of three (3) times 3 the damages sustained. 4 48-115. AWARDS TO THE ATTORNEY GENERAL -- USE OF MONEYS. All penalties, 5 costs and fees recovered by the attorney general under the terms of this chap- 6 ter shall be remitted to the consumer protection account. Moneys deposited 7 into the consumer protection account under this chapter shall be treated as 8 interaccount receipts and may be expended pursuant to interaccount appropria- 9 tion and shall be used for the furtherance of the attorney general's duties 10 and activities under this chapter. 11 48-116. STATUTE OF LIMITATIONS. (1) Any action brought by the attorney 12 general pursuant to this chapter is barred if it is not commenced within four 13 (4) years after the cause of action accrues. 14 (2) Any other action brought pursuant to this chapter is barred if it is 15 not commenced within four (4) years after the cause of action accrues, or 16 within one (1) year after the conclusion of an action brought by the state 17 pursuant to this chapter based in whole or in part on any matter complained of 18 in the subsequent action, whichever is the latter. 19 (3) A cause of action arising under this chapter does not accrue until 20 the discovery, by the attorney general or aggrieved person, of the facts con- 21 stituting the cause of action. 22 48-117. ACTION NOT BARRED BECAUSE IT AFFECTS INTERSTATE OR FOREIGN COM- 23 MERCE. No action under this chapter shall be barred on the ground that the 24 activity or conduct complained of in any way affects or involves interstate or 25 foreign commerce. 26 48-118. SERVICE OF NOTICE. Service of any notice, civil investigative 27 demand, or subpoena under this chapter shall be made personally within this 28 state, but if personal service cannot be obtained, substituted service may be 29 made by mailing service by registered or certified mail to the last known 30 place of business, residence, or abode of the person within or without this 31 state. 32 48-119. VENUE. Any action, application, or motion brought by the attorney 33 general against a person under this chapter may be filed in the district court 34 of the county in which the person resides or has his principal place of busi- 35 ness, or with consent of the parties, may be brought in the district court of 36 Ada county. If the person does not reside in or have a principal place of 37 business in this state, the pleading may be brought in any district court in 38 this state. 39 SECTION 4. That Section 18-7803, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 18-7803. DEFINITIONS. As used in this chapter,: 42 (a) "Racketeering" means any act which is chargeable or indictable under 43 the following sections of the Idaho Code or which are equivalent acts charge- 44 able or indictable as equivalent crimes under the laws of any other jurisdic- 45 tion: 46 (1) Homicide (section 18-4001, Idaho Code); 47 (2) Larceny, robbery, extortion, burglary, embezzlement, forgery, coun- 48 terfeiting, and related crimes (sections 18-1401, 18-1405, 18-2401, 8 1 18-2402, 18-2403, 18-2404, 18-2405, 18-2406, 18-2801, 18-2804, 18-2806, 2 18-2807, 18-2808, 18-3115, 18-3116, 18-3601, 18-3602, 18-3603, 18-3605, 3 18-3606, 18-3607, 18-3609, 18-3610, 18-3614, 18-3615, 18-3618, 18-4604, 4 18-4612, 18-4613, 18-4630, 18-6501, and 49-420, Idaho Code ) ; 5 (3) Kidnapping (section 18-4501, Idaho Code); 6 (4) Prostitution (sections 18-5601, 18-5602, 18-5603, 18-5604, 18-5605, 7 18-5606, 18-5607, 18-5608, 18-5609, and 18-5610, Idaho Code); 8 (5) Arson (sections 18-801, 18-802, 18-803, 18-804, and 18-7003, Idaho 9 Code); 10 (6) Assault (sections 18-908 and 18-4015, Idaho Code); 11 (7) Lotteries and gambling (sections 18-3801, 18-3802, 18-3809, 18-4902, 12 18-4903, 18-4904, 18-4905, 18-4906, and 18-4908, Idaho Code); 13 (8) Indecency and obscenity (sections 18-1515, 18-1518, 18-4103, 14 18-4103A, 18-4104, 18-4105, 18-4105A, and 18-4107, Idaho Code); 15 (9) Poisoning (sections 18-4014 and 18-5501, Idaho Code); 16 (10) Fraudulent practices, false pretenses, insurance fraud, credit card 17 crimes and fraud generally (sections 18-2706, 18-3002, 18-3101, 18-3102, 18 18-3103, 18-3104, 18-3113, 18-3121, 18-3701, 18-3702, 18-3706, 41-1306, 19 41-1325, and 41-1326, Idaho Code); 20 (11) Alcoholic beverages (sections 23-602, 23-606, 23-610, 23-703, 21 23-905, 23-914, 23-928, 23-934 and 23-938, Idaho Code); 22 (12) Cigarette taxes (sections 63-2505 and 63-2512(b), Idaho Code); 23 (13) Securities (sections 30-1403, 30-1403A, 30-1404, 30-1405, 30-1406, 24 30-1438, and 30-1439, Idaho Code); 25 (14) Horseracing (section 54-2512, Idaho Code); 26 (15) Interest and usurious practices (sections 28-35-301 and 28-35-302, 27 Idaho Code); 28 (16) Corporations (sections 18-1901, 18-1902, 18-1903, 18-1904, 18-1905, 29 18-1906, and 30-1510, Idaho Code); 30 (17) Perjury (sections 18-5401 and 18-5410, Idaho Code); 31 (18) Bribery and corrupt influence (sections 18-1352 and 18-1353, Idaho 32 Code); 33 (19)Monopolies and combinations (section 18-5201, Idaho Code);34(20)Controlled substances (sections 37-2732 (a), (b), (c), (e) 35 and (f), 37-2734 and 37-2734B, Idaho Code); 36 (210 ) Motor vehicles (sections 49-228, 49-231, 37 49-232 and 49-518, Idaho Code). 38 (b) "Person" means any individual or entity capable of holding a legal or 39 beneficial interest in property; 40 (c) "Enterprise" means any sole proprietorship, partnership, corporation, 41 business, labor union, association or other legal entity or any group of indi- 42 viduals associated in fact although not a legal entity, and includes illicit 43 as well as licit entities; and 44 (d) "Pattern of racketeering activity" means engaging in at least two (2) 45 incidents of racketeering conduct that have the same or similar intents, 46 results, accomplices, victims or methods of commission, or otherwise are 47 interrelated by distinguishing characteristics and are not isolated incidents, 48 provided at least one (1) of such incidents occurred after the effective date 49 of this act and that the last of such incidents occurred within five (5) years 50 after a prior incident of racketeering conduct.
STATEMENT OF PURPOSE
RS 08652C1
Idaho's antitrust act was enacted in 1911. It has not been
amended since then, except for one minor revision in 1951. It
has become outdated and in need of revision.
The proposed Idaho Competition Law replaces Idaho's present
Antitrust Act. It sets forth the Legislature's intent and
prohibits a variety of anticompetitive practices, such as
pricefixing and bid rigging practices. It also allows for
exemptions for certain types of conduct, such as the
activities of agricultural or horticultural organizations if
these activities carry out the legitimate objectives of the
organization.
The legislation sets forth procedures for investigating
anticompetitive complaints, as well as the scope of authority
of both the Attorney General and the District Courts in
implementing the Act's provisions.
FISCAL NOTE
The Office of the Attorney General expects to devote one
deputy attorney general to full time investigations and
enforcement under the proposed Act. This deputy would need to
be hired from a newly created position. The approximate salary
and benefit cost for this position would be $57,400.00. The
Office expects that proper enforcement of this legislation
will save Idaho's citizens and taxpayers tens of thousands of
dollars annually
CONTACT: Mr. Speaker
Steve Tobiason, Legislative Liaison
Office of Attorney General
334-4524
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 290