445.771 Definitions. Sec. 1. As used in this act: (a) “Person” means an individual, corporation, business trust, partnership, association, or any other legal entity. (b) “Relevant market” means the geographical area of actual or potential competition in a line of trade or commerce, all or any part of which is within this state. (c) “Trade […]
445.772 Unlawful contract, combination, or conspiracy. Sec. 2. A contract, combination, or conspiracy between 2 or more persons in restraint of, or to monopolize, trade or commerce in a relevant market is unlawful. History: 1984, Act 274, Eff. Mar. 29, 1985
445.773 Unlawful monopoly. Sec. 3. The establishment, maintenance, or use of a monopoly, or any attempt to establish a monopoly, of trade or commerce in a relevant market by any person, for the purpose of excluding or limiting competition or controlling, fixing, or maintaining prices, is unlawful. History: 1984, Act 274, Eff. Mar. 29, 1985
445.774 Labor as commodity or article of commerce; organizations for mutual help; acts or conduct of governmental unit; authorized transactions or conduct; unlawful transactions or conduct subject to regulatory scheme; transactions or conduct reducing cost of health care; enforcement of federal antitrust act. Sec. 4. (1) Labor of a human being is not a commodity […]
445.774a Agreement or covenant protecting business interests of employer; applicability of section. Sec. 4a. (1) An employer may obtain from an employee an agreement or covenant which protects an employer’s reasonable competitive business interests and expressly prohibits an employee from engaging in employment or a line of business after termination of employment if the agreement […]
445.775 Venue. Sec. 5. An action for violation of this act shall be brought in a circuit court where venue is proper without regard to the amount in controversy. History: 1984, Act 274, Eff. Mar. 29, 1985
445.776 Written demand by attorney general or prosecuting attorney; contents; noncompliance; action to enforce demand; service of notice and pleadings; orders; confidentiality; waiver. Sec. 6. (1) If the attorney general or a prosecuting attorney has reasonable cause to believe that a person has information or is in possession, custody, or control of any document or […]
445.777 Action by attorney general or prosecuting attorney for injunctive or other equitable relief and civil penalties; assessment of penalty. Sec. 7. The attorney general or a prosecuting attorney, with the permission of, or at the request of, the attorney general, may bring an action for appropriate injunctive or other equitable relief and civil penalties […]
445.778 Action by state, political subdivision, public agency, or other person for injunctive or other equitable relief, actual damages, interest, costs and attorney’s fees; effect of flagrant violation. Sec. 8. (1) The state, a political subdivision, or any public agency threatened with injury or injured directly or indirectly in its business or property by a […]
445.779 Violation as misdemeanor; penalty; criminal prosecution. Sec. 9. A person who engages in any violation of section 2 or 3 with the intent to accomplish a result prohibited by this act shall be guilty of a misdemeanor, punishable by imprisonment of not more than 2 years or a fine of not more than $10,000.00, […]
445.780 Final judgment or decree as prima facie evidence; application of collateral estoppel or issue preclusion. Sec. 10. A final judgment or decree determining that a person has violated this act in an action brought by the state under section 7, 8(1), or 9 other than a consent judgment or decree entered before any testimony […]
445.781 Limitations. Sec. 11. (1) An action under section 7 or 9 is barred if not commenced within 4 years after the claim of relief or cause of action accrues. (2) An action to recover damages under section 8 is barred if not commenced within 4 years after the claim for relief or cause of […]
445.782 Remedies cumulative. Sec. 12. The remedies provided in this act are cumulative. History: 1984, Act 274, Eff. Mar. 29, 1985
445.783 Order requiring witness to give testimony or other information; immunity. Sec. 13. If a witness has been or may be called to testify or provide other information at any proceeding relating to or under this act, the circuit court for the county in which the proceeding is or may be held may issue, upon […]
445.784 Incorporation of provisions similar to uniform state antitrust act; application and construction; interpretations by federal court. Sec. 14. (1) To the extent that this act incorporates provisions of or provisions similar to the uniform state antitrust act, this act shall be applied and construed to effectuate its general purpose to make uniform the law […]
445.785 Short title. Sec. 15. This act shall be known and may be cited as the “Michigan antitrust reform act”. History: 1984, Act 274, Eff. Mar. 29, 1985
445.786 Severability. Sec. 16. If any portion of this act or the application of this act to any person or circumstances is found to be invalid by a court, such invalidity shall not affect the remaining portions of applications of this act which can be given effect without the invalid portion or application, provided the […]
445.787 Repeal of acts and parts of acts. Sec. 17. The following acts and parts of acts are repealed: (a) Act No. 255 of the Public Acts of 1899, being sections 445.701 to 445.712 of the Michigan Compiled Laws. (b) Act No. 229 of the Public Acts of 1905, being sections 445.731 to 445.736 of […]
445.788 Effect of repeals. Sec. 18. The repeal of any statute or part thereof contained herein shall not have the effect to release, relinquish or affect any crime, penalty, fine, forfeiture or liability committed or incurred under such repealed statute or part thereof, and such repealed statute or part thereof shall remain in force for […]
