Part I. Antitrust Provisions

Section

480-1 Definitions

480-2 Unfair competition, practices, declared unlawful

480-3 Interpretation

480-3.1 Civil penalty

480-3.3 Endless chain schemes

480-4 Combinations in restraint of trade, price-fixing and

limitation of production prohibited

480-5 Requirements and output contracts; tying agreements

480-6 Refusal to deal

480-7 Mergers, acquisitions, holdings, and divestitures

480-8 Interlocking directorates and relationships

480-9 Monopolization

480-10 Exemption of labor organizations

480-11 Exemption of certain cooperative organizations;

insurance transactions; approved mergers of

federally regulated companies; homeless facility

and program donors and provider agencies

480-12 Contracts void

480-13 Suits by persons injured; amount of recovery,

injunctions

480-13.3 Class actions by private persons

480-13.5 Additional civil penalties for consumer frauds

committed against elders

480-14 Suits by the State; amount of recovery

480-15 Injunction by attorney general or the director of the

office of consumer protection

480-15.1 Penalty

480-16 Violation a felony

480-17 Individual liability for corporate or company act

480-18 Investigation

480-19 Additional parties defendant

480-20 Duty of the attorney general; duty of county attorney,

etc.

480-21 Court and venue

480-22 Judgment in favor of the State as evidence in private

action; suspension of limitation

480-23 Immunity from prosecution

480-23.1 Procedures

480-23.2 Use immunity

480-23.3 Transactional immunity

480-23.4 Penalty

480-24 Limitation of actions

Part II. Antitrust Exemption

480-31 to 37 Repealed

Timesharing in the 1990s. I HBJ No. 13, at pg. 89.

Seller Beware: New Law Protects Hawai‘i Home Buyers. 18 UH L. Rev. 981.

In class action brought against major cigarette manufacturers, tobacco trade associations, and the industry's public relations firm, first amended complaint asserted violations of federal RICO statutes; Hawaii's RICO statute, §842-2; federal antitrust statutes; Hawaii's antitrust act (this chapter); various state common-law torts; and false advertising under §708-871; defendants' motion to dismiss for failure to state a claim granted, where injuries alleged by plaintiffs trust funds in first amended complaint were not direct; even if remoteness doctrine did not bar claims, claims failed for other reasons. 52 F. Supp. 2d 1196.

A municipality may be held liable under this chapter if its act is done "in the conduct of any trade or commerce", but is not subject to a treble damage penalty. 215 F. Supp. 2d 1098.

As §480-13(b) enumerates the specific damages that a consumer may recover under this chapter and makes no provision for punitive damages, plaintiffs were precluded from seeking punitive damages under this chapter. 98 H. 309, 47 P.3d 1222.

As this chapter was not designed as a vehicle for personal injury actions, for which the law already provides adequate remedies, plaintiffs could not recover damages for emotional distress under this chapter. 98 H. 309, 47 P.3d 1222.

By the plain language of this chapter, no actual purchase is necessary as a prerequisite to a consumer recovering damages under §480-13, based on injuries stemming from violations of §480-2. 98 H. 309, 47 P.3d 1222.

Where trial court correctly concluded that there was no contract between plaintiff and car dealership, plaintiff was neither entitled to benefit-of-the-bargain damages nor specific performance, which are preconditioned on the existence and breach of a contract. 98 H. 309, 47 P.3d 1222.

Designation of the director to enforce chapter 443B does not preclude standing to an individual to sue under this chapter, provided the individual can satisfy the definition of "consumer". 78 H. 213 (App.), 891 P.2d 300.