Report Title:
ANTITRUST; UNFAIR COMPETITION.
Description:
Clarifies antitrust and unfair competition law with regard to who can sue in certain instances, including when having made indirect purchases.
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THE SENATE |
S.B. NO. |
2976 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CHAPTER 480, HAWAII REVISED STATUTES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 480-2, Hawaii Revised Statutes, is amended to read as follows:
"§480-2 Unfair competition, practices, declared unlawful. (a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful.
(b) In construing this section, the courts and the office of consumer protection shall give due consideration to the rules, regulations, and decisions of the Federal Trade Commission and the federal courts interpreting section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), as from time to time amended.
(c) No showing that the proceeding or suit would be in the public interest (as these terms are interpreted under section 5(b) of the Federal Trade Commission Act) is necessary in any action brought under this section.
(d) [No] Except as provided in subsection
(f), no person other than a consumer, the attorney general or the director
of the office of consumer protection may bring an action based upon unfair or
deceptive acts or practices declared unlawful by this section.
(e) Any person may bring an action based on unfair methods of competition declared unlawful by this section.
(f) The State or any of its political subdivisions or governmental agencies may bring an action based on unfair methods of competition and unfair or deceptive acts or practices declared unlawful by this section."
SECTION 2. Section 480-14, Hawaii Revised Statutes, is amended to read as follows:
"§480-14 Suits by the State; amount of
recovery. (a) Whenever the State[, any county, or city and county]
or any of its political subdivisions or governmental agencies is injured,
directly or indirectly, in its business or property by reason of anything
forbidden or declared unlawful by this chapter, it may sue to recover threefold
the actual damages sustained by it[.
(b)], whether direct or indirect.
The attorney general may bring an action on behalf of the State or any of its
political subdivisions or governmental agencies to recover the damages provided
for by this section, or by any comparable provisions of federal law.
[(c)] (b) The attorney general
of the State shall be authorized to bring a class action for indirect
purchasers asserting claims under this chapter. The attorney general or the
director of the office of consumer protection may bring a class action on behalf
of consumers based on unfair or deceptive acts or practices declared unlawful
by section 480-2. Actions brought under this subsection shall be brought as
parens patriae on behalf of natural persons residing in the State, to secure
threefold damages for injuries sustained by such natural persons to their
property by reason of any violation of this chapter.
[(d)] (c) If judgment is in
favor of the State or any of its political subdivisions or governmental
agencies under any provision of this chapter, the attorney general or the
director of the office of consumer protection shall be awarded reasonable
attorney's fees together with the cost of suit; provided further that in any
class action lawsuit brought by the attorney general in behalf of indirect purchasers,
the attorney general shall in addition be awarded an amount commensurate with
expenses reasonably expected to be expended in distribution of damages to the
indirect purchasers."
SECTION 3. Section 480-21, Hawaii Revised Statutes, is amended to read as follows:
"§480-21 Court and venue. (a)
Any criminal action or proceeding[, whether civil or criminal,]
authorized by this chapter shall be brought in any appropriate court in the
circuit in which the defendant resides, engages in business, or has an agent[,
unless otherwise specifically provided herein].
(b) Any civil action or proceeding authorized by this chapter may be brought in any appropriate court."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act, upon its approval, shall take effect retroactive to January 1, 1998.
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INTRODUCED BY: |
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BY REQUEST |