ORS Chapter 646

Chapter 646 — TradePractices and Antitrust Regulation

2009 EDITION

TRADEPRACTICES AND ANTITRUST REGULATION

TRADEREGULATIONS AND PRACTICES

PRICEDISCRIMINATION IN COMMERCE AND FOOD COMMERCE

646.010 Designationand scope of ORS 646.010 to 646.180

646.020 Definitionsand explanations

646.030 Applicationto cooperative associations

646.040 Pricediscrimination prohibited; price differentials

646.050 Establishingprima facie case of discrimination;

justificationof discrimination

646.060 Commissionsand allowances

646.070 Specialpayments to customers

646.080 Specialservices to customers

646.090 Inducingor receiving price discrimination prohibited

646.130 Costsurveys as evidence

646.140 Enjoiningviolations; treble damages; attorney fees; limitation on commencement ofactions

646.150 Actionfor damages

646.160 Presumptionof damages

646.170 Requiringdefendant to testify

646.180 Illegalcontracts

TRADESECRETS

646.461 Definitionsfor ORS 646.461 to 646.475

646.463 Enjoiningmisappropriation; payment of royalties; affirmative acts

646.465 Damagesfor misappropriation

646.467 Attorneyfees

646.469 Preservationof trade secret by court; methods

646.471 Limitationon commencement of action

646.473 Conflictingtort, restitution or other law providing civil remedies; exclusions for certainother remedies; limited immunity for public bodies and officers, employees andagents

646.475 Applicationand construction of ORS 646.461 to 646.475; short title; effect of invalidity

PRODUCERS’COOPERATIVE BARGAINING ASSOCIATIONS

646.515 Definitionsfor ORS 646.515 to 646.545

646.525 Cooperativebargaining associations authorized

646.535 Unfairtrade practices prohibited; exception

646.545 Remedyfor unfair trade practices; attorney fees

TELEPHONESOLICITATION

(Registrationof Telephonic Sellers)

646.551 Definitionsfor ORS 646.551 to 646.557

646.553 Registrationof telephonic sellers; fee; Attorney General as attorney for service ofprocess; rules

646.555 Burdenof proof for person claiming exemption

646.557 Requireddisclosures by telephonic seller

646.559 Rules

(UnlawfulTelephone Solicitations)

646.561 Definitionsfor ORS 646.561 to 646.565

646.563 Telephonesolicitation of party who states desire not to be called

646.565 Noticeof provisions of ORS 646.561 and 646.563; rulemaking by Public UtilityCommission

646.567 Definitionsfor ORS 646.567 to 646.578

646.568 Findingsand purpose

646.569 Prohibitionon telephone solicitation of party whose name is included on list described inORS 646.574 or on federal registry designated under ORS 646.572

646.572 Administrationof telephone solicitation program through contract or by designation of federalregistry; contract provisions; duty of Attorney General

646.574 Listof persons who do not wish to receive telephone solicitations; fee; disclosureof list; complaints

646.576 Rules

646.578 Noticeof provisions of ORS 646.567 to 646.578; rulemaking by Public UtilityCommission

UNLAWFULTRADE PRACTICES

646.605 Definitionsfor ORS 646.605 to 646.652

646.607 Unlawfulbusiness, trade practices

646.608 Additionalunlawful business, trade practices; proof; rules

646.609 “Pyramidclub” and “investment” defined

646.611 Informationrequired to be given by telephone or door to door seller to potential customer

646.612 Applicationof ORS 646.607 and 646.608

646.618 Investigativedemand; petition to modify

646.622 Methodof serving investigative demand

646.626 Effectof failure to obey investigative demand

646.632 Enjoiningunlawful trade practices; assurance of voluntary compliance; attorney fees

646.636 Remedialpower of court

646.638 Civilaction by private party; damages; attorney fees; effect of prior injunction;time for commencing action; counterclaim; class actions

646.639 Unlawfulcollection practices

646.641 Civilaction for unlawful collection practice; damages; attorney fees; time forcommencing action

646.642 Civilpenalties

646.643 Applicabilityof ORS 646.639

646.646 Lossof license or franchise by person violating injunction

646.647 Unlawfuluse of recording group name; exceptions

646.648 Unlawfulpractice by manufactured dwelling dealer

646.649 Latefees on delinquent cable service accounts; amount; disclosure; notice

646.651 Contestand sweepstakes solicitations; required disclosures; prohibited representations

646.652 Districtattorney’s reports to Attorney General; filing of voluntary compliances

646.656 Remediessupplementary to existing statutory or common law remedies

ANTITRUSTLAW

646.705 Definitionsfor ORS 136.617 and 646.705 to 646.805

646.715 Declarationof purpose

646.725 Prohibitedacts

646.730 Monopoliesprohibited

646.740 Permittedactivities

646.745 Jointoperation of Memorial Coliseum and Arena in Portland; definitions; legislativefindings and goals; state supervision

646.750 Investigativedemand by Attorney General; petition to modify

646.760 Civilpenalties; attorney fees; mitigation

646.770 Equitableremedies; attorney fees

646.775 Actionsby Attorney General; damages; attorney fees

646.780 Recoveryof treble damages; exception; recovery of fees and costs; action under federallaw as bar; action parens patriae by Attorney General

646.790 Venue

646.800 Timeof commencing action

646.805 Effectof prior final judgment or decree

646.815 Criminalprosecutions; compromise of criminal charges; effect of prior action seekingcivil penalties

646.821 Takingtestimony for investigative demand

646.823 Attendanceof Attorney General at grand jury proceedings

646.826 Counselfor persons testifying; grounds for refusing to answer questions; compellingtestimony; exclusion of spectators

646.831 Feesand mileage for persons testifying

646.836 Confidentialstatus of investigative material; permitted disclosures; use of information inother proceedings; return of investigative material

PRICECOMPARISON ADVERTISING

646.881 Definitionsfor ORS 646.881 to 646.885

646.883 Pricecomparison in advertisement prohibited; exceptions

646.885 Useof terms in advertisement containing price comparison