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Section 646.705 – Definitions for ORS 136.617 and 646.705 to 646.805.

(1) As used in ORS 136.617 and 646.705 to 646.805, “trade or commerce” means trade or commerce within the state; or between the state and any state, territory, or foreign nation. (2) As used in ORS 646.775, “natural persons” shall not include proprietorships or partnerships. [1975 c.255 §2; 1979 c.790 §1]

Section 646.715 – Declaration of purpose.

(1) The Legislative Assembly deems it to be necessary and the purpose of ORS 646.705 to 646.805 and 646.990 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 […]

Section 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]

Section 646.730 – Monopolies prohibited.

Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of trade or commerce, shall be in violation of ORS 136.617, 646.705 to 646.805 and 646.990. [1975 c.255 §5]

Section 646.735 – Exemption for coordinated care organizations; state action immunity; permitted activities.

(1) The Legislative Assembly declares that collaboration among public payers, private health carriers, third party purchasers and providers to identify appropriate service delivery systems and reimbursement methods to align incentives in support of integrated and coordinated health care delivery is in the best interest of the public. The Legislative Assembly therefore declares its intent to […]

Section 646.736 – Public policy; certain cooperative activities not unlawful.

(1) It is the public policy of the State of Oregon to encourage the efficient production and distribution of agricultural, seafood and other products derived from natural resources or labor resources of this state. Accordingly, a cooperative that operates in compliance with the provisions of ORS chapter 62 and that does not during its fiscal […]

Section 646.737 – Exemption for negotiations governing sale price of Oregon blackberries; supervision by Director of Agriculture; rules; fees.

(1) As used in this section: (a) “Blackberry” means a bramble of the genus Rubus identified by State Department of Agriculture rule as a blackberry. (b) “Blackberry regulatory program” means the state regulatory program described in subsection (2) of this section that is actively supervised by the Director of Agriculture and that authorizes parties to […]

Section 646.738 – Exemption for negotiations governing price for sale of grass seed; supervision by Director of Agriculture; rules; fees.

(1) As used in this section: (a) “Parties” or “party” means seed producers, seed associations, seed cooperatives or seed dealers that participate in a state regulatory program described in subsection (2) of this section. (b) “Regulatory program” means a state regulatory program described in subsection (2) of this section that is actively supervised by the […]

Section 646.739 – Exemption for negotiations governing season starting price for sale of Oregon seafood; supervision by Director of Agriculture; rules; fees.

(1) As used in this section: (a) “Dealer” has the meaning given that term in ORS 646.515. (b) “Parties” or “party” means Oregon seafood harvesters, Oregon seafood harvester associations, Oregon seafood harvester cooperatives or dealers that are participants in the state regulatory program described in subsection (2) of this section. (c) “Regulatory program” means the […]

Section 646.740 – Permitted activities.

The provisions of ORS 136.617, 646.705 to 646.805 and 646.990 may not be construed to make the following illegal: (1) The activities of any labor organization or individual working men and women permitted by ORS chapters 661 to 663. (2) The right of producers, as defined in ORS 646.515, and commercial fishermen to join, belong […]

Section 646.760 – Civil penalties; attorney fees; mitigation.

(1) The Attorney General may prosecute an action for appropriate injunctive relief and civil penalties in the name of the state for any violation of ORS 646.725 or 646.730. The court may assess for the benefit of the state a civil penalty of not more than $250,000 for each violation of ORS 136.617, 646.705 to […]

Section 646.770 – Equitable remedies; attorney fees.

(1) Any person including the state or any municipal corporation or political subdivision threatened with injury in its business or property by a violation of ORS 646.725 or 646.730 may prosecute a suit for equitable relief, and in addition to such relief shall recover the costs of suit, including necessary reasonable investigative costs and reasonable […]

Section 646.775 – Actions by Attorney General; damages; attorney fees.

(1)(a) The Attorney General may bring a civil action in the name of the State of Oregon, on behalf of a political subdivision in this state or as parens patriae on behalf of a natural person, in any circuit court in which venue is proper under ORS 646.790, to secure equitable and monetary relief as […]

Section 646.790 – Venue.

A suit or action based upon any violation of ORS 646.725 or 646.730 may be commenced in any circuit court within the state, in which one or more of the defendants resides or has its principal place of business or its registered agent. [1975 c.255 §7]

Section 646.800 – Time of commencing action.

(1) An action under ORS 646.760 to recover a civil penalty shall be commenced within four years after the cause of action accrued, or within one year after the conclusion of any civil or criminal proceeding instituted by the United States under the antitrust laws of the United States, except section 15a of Title 15 […]

Section 646.805 – Effect of prior final judgment or decree.

(1) A final judgment or decree heretofore or hereafter rendered in any civil or criminal proceeding brought by or on behalf of the United States under the antitrust laws of the United States to the effect that a defendant has violated such laws, other than a judgment or decree entered in an action under section […]