STAND. COM. REP. 607

Honolulu, Hawaii

, 2003

RE: H.B. No. 1117

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

 

Sir:

 

Your Committees on Consumer Protection and Commerce and Judiciary, to which was referred H.B. No. 1117 entitled:

"A BILL FOR AN ACT RELATING TO ANTITRUST,"

beg leave to report as follows:

The purpose of this bill is to restore the word "threefold" in section 480-14, Hawaii Revised Statutes (HRS), which term refers to the damages that may be secured in class actions brought by the State for violations of the law prohibiting unfair methods of competition or unfair or deceptive acts or practices in the conduct of any trade or commerce.

Testimony in support of this bill was submitted by the Department of the Attorney General (AG). An individual supported the bill, but suggested that it be amended.

Your Committees find that section 480-14, HRS, was amended in 2002 in Act 229, Session Laws of Hawaii 2002 (Act 229). Act 229 allowed indirect purchasers to bring private class actions against manufacturers for price fixing in violation of the antitrust

 

provisions of chapter 480, HRS, and also allowed the AG to intervene in, and proceed with the action on behalf of the class. Your Committees find that when Act 229 amended section 480-14, HRS, it inadvertently omitted the word "threefold" from the language of the existing statute.

This bill proposes to restore the word "threefold" to indicate the extent of damages that may be secured from violators of antitrust laws in a class action brought by the AG on behalf of indirect purchasers.

As suggested by the AG, your Committees have amended this bill to provide consistency with other portions of the law by deleting the word "compensatory," which modifies to the term "damages."

As affirmed by the records of votes of the members of your Committees on Consumer Protection and Commerce and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1117, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1117, H.D. 1, and be placed on the calendar for Third Reading.

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

 

____________________________

ERIC G. HAMAKAWA, Chair

____________________________

KENNETH T. HIRAKI, Chair