|Posted:||March 14, 2013 01:07 PM|
|From:||Senator Stewart J. Greenleaf|
|To:||All Senate members|
|In consultation with the Office of Attorney General, I am reintroducing Senate Bill 1565, a comprehensive antitrust law.
The Attorney General’s Office has authority to bring federal actions to recover damages for consumers and State agencies but the lack of a State antitrust law causes three main problems. Without an antitrust statute, the Attorney General’s Office:
The legislation authorizes only the Attorney General to file a civil action for an antitrust violation. The purpose of the law is to allow for a full and fair recovery to satisfy claims arising from an antitrust injury sustained by the Commonwealth and its residents and to provide the investigative tools to satisfactorily achieve this objective. The language is derived from other states’ statutes and federal law.
The legislation is intended to make illegal any contract, conspiracy or combination in restraint of trade and any monopolization in restraint of trade. The legislation also makes illegal any mergers or acquisitions that lessens competition substantially in any line of commerce. The legislation provides for criminal penalties for obstructing compliance with a subpoena and for knowingly removing or falsifying documents to be produced. Any such obstruction or falsification constitutes a misdemeanor of the second degree.
The legislation incorporates exemptions judicially recognized under federal antitrust laws.
The Commonwealth Court would have original jurisdiction for all actions for violations of the statute.
Introduced as SB848