CHAPTER 46
H.P. 487 - L.D. 657
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA §1101, as amended by PL 1977, c. 175, §1, is further amended to read:
§1101. Contracts in restraint of trade
Every contract, combination in the form of trusts or otherwise, or conspiracy, in restraint of trade or commerce in this State is declared to be illegal; provided that no association or corporation organized for the sole purpose of marketing, producing or trucking pulpwood or saw logs, the members of or stockholders in which are actually engaged in the production of such products or selling, cutting or trucking the same shall be deemed to be a conspiracy or a combination or in restraint of trade or an attempt to lessen competition or to fix prices arbitrarily; nor shall the marketing contracts and agreements between such association or corporation and its members or stockholders be considered illegal as such or in unlawful restraint of trade or as part of a conspiracy or combination to accomplish an improper or illegal purpose. Whoever shall make makes any such contract or engage engages in any such combination or conspiracy shall be is guilty of a Class C crime.
Sec. 2. 13 MRSA §171, as amended by PL 1973, c. 489, §2, is further amended to read:
§171. Formation of trusts forbidden
It shall be is unlawful for any firm or incorporated company, or any number of firms or incorporated companies, or any unincorporated company or association of persons or stockholders, organized for the purpose of manufacturing, producing, refining or mining any article or product which that enters into general use and consumption by the people, to form or organize any trust or to enter into any combination of firms, incorporated or unincorporated companies or association of stockholders, or to delegate to any one or more board or boards of trustees or directors the power to conduct and direct the business of the whole number of firms, corporations, companies or associations which may that have formed or which may that propose to form a trust, combination or association inconsistent with this section and contrary to public policy. No association or corporation organized for the sole purpose of marketing fish, shellfish or any of the fish products or agricultural products of this State, or for the sole purpose of marketing, producing or trucking, pulpwood or saw logs, the members of or stockholders in which are actually engaged in the production of such products, or in the selling, canning or otherwise preserving of fish products, or selling, cutting or trucking of pulpwood or saw logs, shall may be deemed to be a conspiracy or a combination or in restraint of trade or an attempt to lessen competition or to fix prices arbitrarily; nor shall may the marketing contracts and agreements between such association or corporation and its members or stockholders be considered illegal as such or in unlawful restraint of trade or as part of a conspiracy or combination to accomplish an improper or illegal purpose.
Effective September 13, 2003, unless otherwise indicated.
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