STAND. COM. REP. NO.  95

Honolulu, Hawaii

                , 2009

RE:   H.B. No. 1031

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committees on Consumer Protection & Commerce and Judiciary, to which was referred H.B. No. 1031 entitled:

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

beg leave to report as follows:

     The purpose of this bill is to improve Hawaii's antitrust laws by clarifying:

     (1)  The right of government entities to bring an antitrust action for damages notwithstanding their status as indirect purchasers;

     (2)  The ability of government entities to bring an action based on unfair methods of competition and unfair or deceptive acts or practices; and

     (3)  That any civil action or proceeding authorized under Hawaii's antitrust laws may be brought in any appropriate court, and not only the court in the circuit where the defendant resides, does business, or has an agent.

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

     Your Committees find that along with other amendments to clarify Hawaii's antitrust laws, this bill addresses a recent California federal district court order dismissing the antitrust claims of certain state agencies, including Hawaii's, as indirect purchasers.

     As affirmed by the records of votes of the members of your Committees on Consumer Protection & Commerce and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1031 and recommend that it pass Second Reading and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Consumer Protection & Commerce and Judiciary,

____________________________ JON RIKI KARAMATSU, Chair

____________________________ ROBERT N. HERKES, Chair