Report Title:

Monopolies; Restraint of Trade

Description:

Amends section 480-3,HRS, to provide that a plaintiff in an antitrust case, in order to survive a dispositive pretrial motion, is not required to present evidence that tends to exclude the possibility that the alleged conspirators acted independently. (HB2633 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2633

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to monopolies; restraint of trade.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 480-3, Hawaii Revised Statutes, is amended to read as follows:

"§480-3 Interpretation. This chapter shall be construed in accordance with judicial interpretations of similar federal antitrust statutes, except that [lawsuits]:

(1) Lawsuits by indirect purchasers may be brought as provided in this chapter[.]; and

(2) In order to survive a dispositive pretrial motion, a plaintiff is not required to present evidence that tends to exclude the possibility that the alleged conspirators acted independently."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.