Oregon Antitrust Laws

Oregon antitrust laws are laid down in Chapter 646 of Title 50 in Oregon Revised Statutes.  Private action is permissible.  Period of limitation is four years in general, and one year in certain cases according to ORS § 646.800.  One year limitation is applicable in cases where there was already an action conducted by the state.  The private party should file the suit within one year of the conclusion of the case by the state.  Under ORS § 646.770, both private person and state will be granted reasonable attorney fees, expert’s fees, and investigative costs.  Some provisions of the Oregon antitrust laws are stated below:

ORS § 646.800 reads in part:

646.800. Time of commencing action.

   (1) An action under ORS 646.760 to recover a civil penalty shall be commenced within four years after the cause of action accrued, or within one year after the conclusion of any civil or criminal proceeding instituted by the United States under the antitrust laws of the United States, except section 15a of Title 15 of the United States Code, based in whole or in part on the same matter complained of, whichever is later.

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ORS § 646.770 reads:

646.770. Equitable remedies; attorney fees.

   (1) Any person including the state or any municipal corporation or political subdivision threatened with injury in its business or property by a violation of ORS 646.725 or 646.730 may prosecute a suit for equitable relief, and in addition to such relief shall recover the costs of suit, including necessary reasonable investigative costs and reasonable experts’ fees.

(2) Except as provided in subsection (3) of this section, in an action brought under the provisions of this section by a person other than the state or any municipal corporation or political subdivision of the state, the court may award reasonable attorney fees to the prevailing party. Except as provided in subsection (3) of this section, in a civil action brought under the provisions of this section by the state or any municipal corporation or political subdivision of the state:(a) The court may award reasonable attorney fees to the state or political subdivision of the state if the state or political subdivision prevails in the action; and

(b) The court may award reasonable attorney fees to a defendant who prevails in an action under this section if the court determines that the state or any municipal corporation or political subdivision of the state had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.

(3) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (2) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.


Inside Oregon Antitrust Laws