State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-21_36

§ 90‑21.36. Effects of certificate of public advantage; other laws.

(a)        Activities conducted pursuant to a cooperative agreement forwhich a certificate of public advantage has been issued are immunized fromchallenge or scrutiny under State antitrust laws. In addition, conduct innegotiating and entering into a cooperative agreement for which an applicationfor a certificate of public advantage is filed in good faith shall be immunefrom challenge or scrutiny under State antitrust laws, regardless of whether acertificate is issued. It is the intention of the General Assembly that thisArticle shall also immunize covered activities from challenge or scrutiny underany noncompetition provisions of the federal antitrust law.

(b)        Nothing in this Article shall exempt physicians or othersfrom compliance with State or federal laws governing certificate of need,licensure, or other regulatory requirements.

(c)        Any dispute among the parties to cooperative agreementconcerning its meaning or terms is governed by normal principles of contractlaw. (1995, c. 395, s. 2.)