STAND. COM. REP. NO.  163-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 3054

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 3054 entitled:

"A BILL FOR AN ACT RELATING TO CHAPTER 480, HAWAII REVISED STATUTES,"

begs leave to report as follows:

     The purpose of this bill is to improve the antitrust law by specifying that:

     (1)  Government entities may bring an action:

          (A)  Based on unfair methods of competition and unfair or deceptive acts or practices; and

          (B)  For damages sustained directly or indirectly to the entity's business or property;

          and

     (2)  Any civil action or proceeding authorized under the antitrust law may be brought in any appropriate court, and not only a court in the circuit in which the defendant resides, engages in business, or has an agent.

     The Department of the Attorney General testified in support of this bill.

     Your Committee finds that among other improvements to the antitrust law, this bill ensures the right of the State or any county to bring an action for damages notwithstanding their status as indirect purchasers who did not make the immediate purchase from alleged violators of the antitrust law.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 3054 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

ROBERT N. HERKES, Chair