CHAPTER 624*
CONNECTICUT ANTITRUST ACT

*Sections 35-24 to 35-44 cited. 177 C. 218−220. Cited. 181 C. 655, 656. Secs. 35-24 through 35-45 cited. 183 C. 85, 95. Held: Federal law does not preempt the remedy for violations of Connecticut statutes that harmonize with federal antitrust law. 184 C. 285, 303. Cited. 192 C. 460, 462; Id., 558, 569, 571. Cited. 195 C. 18−20, 23. Cited. Id., 399, 402. Secs. 35-24−35-49, antitrust act cited. 202 C. 234, 247. Sec. 35-24 et seq., Conn. Antitrust Act, cited. 212 C. 661−663, 666, 675. Interpretations of provisions of act, including award of prejudgment interest discussed. 235 C. 1, 3, 14−16, 22, 23, 25, 26, 36, 39, 44, 45. Connecticut Antitrust Act, Sec. 35-24 et seq. cited. Id. Sec. 35-25 et seq. cited. 241 C. 24.
Cited. 1 CA 439, 441, 443. Secs. 35-24 through 35-45 and Conn. antitrust act cited. 11 CA 67, 71.
Connecticut Antitrust Act prohibits any contract combination or conspiracy the effect of which is to induce third parties not to deal. 31 CS 110. Section 35-24 et seq. Cited. 35 CS 136, 137.

Table of Contents

Sec. 35-24. Short title: Connecticut Antitrust Act.
Sec. 35-25. Definitions.
Sec. 35-26. Restraint of trade or commerce unlawful.
Sec. 35-27. Monopolization or attempt to monopolize unlawful.
Sec. 35-28. Acts unlawful when purpose or effect is restraint of trade or commerce.
Sec. 35-29. Acts unlawful where effect is substantial lessening of competition or creation of monopoly.
Sec. 35-30. Application of chapter.
Sec. 35-31. Exceptions.
Sec. 35-32. Attorney General to bring actions in the name of state or as parens patriae.
Sec. 35-32a. Funds received by state re antitrust actions deposited in General Fund.
Sec. 35-33. Superior Court jurisdiction.
Sec. 35-34. Injunctive relief.
Sec. 35-35. Treble damages for injury to business or property.
Sec. 35-36. Final judgment in action brought by Attorney General as prima facie evidence.
Sec. 35-36a. Proceedings for forfeiture of franchise.
Sec. 35-37. Copies of complaints to Attorney General.
Sec. 35-38. Civil penalties for violations.
Sec. 35-39. Liability of legal or commercial entity for acts of agents.
Sec. 35-40. Limitation of actions. Accrual of cause of action for continuing violation.
Sec. 35-41. Suspension of statute of limitations.
Sec. 35-42. Subpoena power. Written interrogatories. Civil penalties. Federal and interstate cooperation.
Sec. 35-43. Attachment.
Sec. 35-44. Actions and proceedings to be in accordance with civil actions statutes.
Sec. 35-44a. Attorney General to bring actions in federal court on behalf of state government, local government, and other political subdivisions.
Sec. 35-44b. Judicial construction of Connecticut Antitrust Act.
Sec. 35-45. Price discrimination prohibited in commercial transactions. Rebuttal of prima-facie case.
Sec. 35-46. Joint research and development ventures.
Secs. 35-47 to 35-49.


Sec. 35-24. Short title: Connecticut Antitrust Act. This chapter shall be known as the "Connecticut Antitrust Act".
(1971, P.A. 608, S. 1; P.A. 75-567, S. 1, 80.)
History: P.A. 75-567 substituted "chapter" for "part".
Cited. 169 C. 344, 346.
Cited. 33 CS 216. Section 35-24 et seq. Cited. 35 CS 136, 137.

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Sec. 35-25. Definitions. As used in this chapter, unless the context indicates otherwise:
(a) "Commodity" means any goods, merchandise, wares, produce, chose in action, patents, trade marks, land articles of commerce, or any other tangible or intangible property, real, personal, or mixed, for use, consumption, enjoyment, or resale;
(b) "Person" means any individual, proprietorship, corporation, limited liability company, firm, partnership, incorporated and unincorporated association, or any other legal or commercial entity;
(c) "Trade or commerce" means intrastate as well as interstate trade or commerce.
(1971, P.A. 608, S. 2; P.A. 75-567, S. 2, 80; P.A. 95-79, S. 133, 189.)
History: P.A. 75-567 substituted "chapter" for "part"; P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995.
Cited. 169 C. 344, 346. Cited. 184 C. 285, 305.
Cited. 43 CA 801.
Subdiv. (b):
Cited. 212 C. 661, 670.

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Sec. 35-26. Restraint of trade or commerce unlawful. Every contract, combination, or conspiracy in restraint of any part of trade or commerce is unlawful.
(1971, P.A. 608, S. 3.)
Cited. 169 C. 344, 346. Statute applies to contract entered into prior to effective date of statute if contract continues in existence thereafter. 177 C. 218, 223. Cited. 180 C. 680, 682; 181 C. 655, 657, 662. Cited. 184 C. 285−287, 305, 307. Cited. 241 C. 24.
Cited. 35 CS 136, 140.

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Sec. 35-27. Monopolization or attempt to monopolize unlawful. Every contract, combination, or conspiracy to monopolize, or attempt to monopolize, or monopolization of any part of trade or commerce is unlawful.
(1971, P.A. 608, S. 4.)
Cited. 169 C. 344, 346. Cited. 180 C. 680, 682; 181 C. 655, 657. Cited. 184 C. 285−287, 304, 307. Cited. 235 C. 11, 12, 21.
Cited. 33 CS 220. Cited. 35 CS 136, 140.

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Sec. 35-28. Acts unlawful when purpose or effect is restraint of trade or commerce. Without limiting section 35-26, every contract, combination, or conspiracy is unlawful when the same are for the purpose, or have the effect, of: (a) Fixing, controlling, or maintaining prices, rates, quotations, or fees in any part of trade or commerce; (b) fixing, controlling, maintaining, limiting, or discontinuing the production, manufacture, mining, sale, or supply of any part of trade or commerce; (c) allocating or dividing customers or markets, either functional or geographical, in any part of trade or commerce; or (d) refusing to deal, or coercing, persuading, or inducing third parties to refuse to deal with another person.
(1971, P.A. 608, S. 5.)
Cited. 169 C. 344, 346, 354. Cited. 184 C. 285−287, 306, 307. Cited. 192 C. 460, 462.
Cited. 31 CS 110, 115. Cited. 33 CS 217. Cited. 35 CS 136, 140.
Subsec. (c):
Cited. 184 C. 285, 287.
Subsec. (d):
Trial court erred in finding restrictive covenant in shopping center lease "per se" illegal since "rule of reason" was appropriate standard to apply. 177 C. 218, 222, 225−228. Cited. 181 C. 655, 657. Cited. 195 C. 399, 402, 404, 405.
Covenant in shopping park lease prohibiting any other tenant from selling similar food within 400 feet of leased premises appears to violate this provision, so temporary injunction enforcing covenant should not be issued. 34 CS 74.

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Sec. 35-29. Acts unlawful where effect is substantial lessening of competition or creation of monopoly. Every lease, sale or contract for the furnishing of services or for the sale of commodities, or for the fixing of prices charged therefor, or for the giving or selling of a discount or rebate therefrom, on the condition or understanding that the lessee or purchaser shall not deal in the services or the commodities of a competitor or competitors of the lessor or seller, shall be unlawful where the effect of such lease or sale or contract for sale or such condition or understanding may be to substantially lessen competition or tend to create a monopoly in any part of trade or commerce and where such goods or services are for the use, consumption or resale in this state.
(1971, P.A. 608, S. 6.)
Cited. 169 C. 344, 346. Declaration of covenants and restrictions unlawful per se if either (1) party has sufficient economic power in the tying product or (2) a not insubstantial amount of commerce is effected; court thus adopted Clayton Act test is determining if violation of statute occurred. 181 C. 655, 657, 659−663.
Cited. 33 CS 219.

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Sec. 35-30. Application of chapter. This chapter applies to every contract, combination, or conspiracy in restraint of any part of trade or commerce or every contract, combination or conspiracy to monopolize, or every attempt to monopolize, or every monopolization of any part of trade or commerce when any part thereof was entered into or effectuated in whole or in part in this state.
(1971, P.A. 608, S. 7; P.A. 75-567, S. 3, 80.)
History: P.A. 75-567 substituted "chapter" for "part".
Cited. 169 C. 344, 355.
Cited. 33 CS 220.

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Sec. 35-31. Exceptions. (a) Nothing contained in this chapter shall be construed to forbid the existence or operation of labor, agricultural, or horticultural organizations instituted for the purpose of mutual help, and not having capital stock and not conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof. Such organizations, or the members thereof, shall not be held or construed to be illegal combinations or conspiracies or monopolies in restraint of trade, under the provisions of this chapter.
(b) Nothing contained in this chapter shall apply to those activities of any person when said activity is specifically directed or required by a statute of this state, or of the United States.
(c) Nothing contained in this chapter shall be construed to prevent persons engaged in the production of agricultural products as farmers, planters, dairymen or growers from acting together in associations, corporate or otherwise, with or without capital stock, in collectively processing, preparing for market, handling and marketing in interstate and foreign commerce, such products of persons so engaged. Such associations may have marketing agencies in common; and such associations and their members may make the necessary contracts and agreements to effect such purposes; provided, such associations are operated for the mutual benefit of the members thereof, as such producers, and conform to one or both of the following requirements: (i) That no member of the association is allowed more than one vote because of the amount of stock or membership capital he may own therein, or, (ii) that the association does not pay dividends on stock or membership capital in excess of eight per cent per annum, and, (iii) that the association shall not deal in the products of nonmembers to an amount greater in value than such as are handled by it for members.
(1971, P.A. 608, S. 8; P.A. 75-567, S. 4, 80; P.A. 77-604, S. 21, 84.)
History: P.A. 75-567 substituted "chapter" for "part" throughout section; P.A. 77-604 deleted former Subdiv. (c) of Subsec. (a) which had protected existing contracts, agreements, etc. made pursuant to chapter 735 ("Fair Trade Act"), regardless of provisions of this chapter, redesignating former Subdiv. (d) accordingly.
Cited. 169 C. 344, 355. Cited. 179 C. 324, 327.
Cited. 35 CS 136, 140.
Subsec. (b):
Activities relative to interconnection of telephone devices, though regulated by state agencies, are not specifically directed or required by statute, and are therefore not immune from antitrust liability under this subsection. 169 C. 344, 356−359, 366. Cited. 181 C. 655, 660. Cited. 235 C. 1, 2, 23, 25.
Cited. 35 CS 136, 141.

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Sec. 35-32. Attorney General to bring actions in the name of state or as parens patriae. (a) The Attorney General, in the name of the state and on behalf of the people of the state, shall enforce the provisions of this chapter. He shall investigate suspected violations and institute proceedings, for any violation of the provisions of this chapter. Such proceedings may pray that such violation be temporarily or permanently enjoined, or otherwise prohibited.
(b) The Attorney General may also, in his discretion, intervene and appear in any proceeding pending before any court, agency, board, or commission in this state in which matters related to this chapter are in issue.
(c) The Attorney General may also, in enforcing the provisions of this chapter, bring an action in the name of the state as (1) parens patriae for persons residing in the state with respect to damages sustained by such persons, or, if the court finds in its discretion that the interests of justice so require, as a representative of a class or classes consisting of persons residing in the state who have been damaged; or (2) parens patriae with respect to damages to the general economy of the state or any political subdivision thereof; provided that such damages shall not be duplicative of those recoverable under subdivision (1) of this subsection.
(d) The Attorney General may also bring a civil action in the name of the state in the district courts of the United States under the federal antitrust laws to recover damages and secure such other relief as provided for in such laws as (1) parens patriae for persons residing in the state with respect to damages sustained by such persons, or, if the court finds in its discretion that the interests of justice so require, as a representative of a class or classes consisting of persons residing in the state who have been damaged; or (2) parens patriae with respect to damages to the general economy of the state or any political subdivision thereof; provided that such damages shall not be duplicative of those recoverable under subdivision (1) of this subsection.
(1971, P.A. 608, S. 9; P.A. 75-508, S. 1, 7; 75-567, S. 5, 80; P.A. 76-218.)
History: P.A. 75-508 and P.A. 75-567 substituted "chapter" for "part", specified that attorney general acts "in the name of the state and on behalf of the people of the state", specified that proceedings "may pray that such violation be temporarily or permanently enjoined, or otherwise prohibited" and added Subsec. (b); P.A. 76-218 added Subsecs. (c) and (d).
Cited. 169 C. 344, 346. Cited. 179 C. 324, 326. Cited. 184 C. 285, 288. Cited. 212 C. 661, 663.
Subsec. (a):
Cited. 212 C. 661, 663.
Subsec. (b):
Cited. 177 C. 218, 222.

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Sec. 35-32a. Funds received by state re antitrust actions deposited in General Fund. (a) All (1) gifts or grants made to the state for antitrust enforcement purposes, (2) funds awarded to the state or any agency of the state for the recovery of costs and attorney's fees in an antitrust action, (3) civil penalties imposed pursuant to section 35- 38, and (4) damages collected by the state for injuries to its business or property pursuant to a judgment or settlement agreement in an antitrust action, shall be deposited in the General Fund.
(b) Any balance remaining in the Antitrust Revolving Fund in the custody of the State Treasurer on July 1, 1985, shall be transferred to the General Fund.
(P.A. 76-327, S. 1, 2; P.A. 80-111, S. 1, 2; P.A. 85-410, S. 1, 2.)
History: P.A. 80-111 included in revolving fund gifts or grants made to state for antitrust enforcement purposes, funds awarded to state for recovery of costs and attorney's fees in antitrust actions, civil penalties imposed under Sec. 35-38 and damages collected by state for injuries to its business or property, replacing less specific provisions, and deleted provision which limited fund to ten per cent of funds collected, not exceeding two hundred fifty thousand dollars; P.A. 85-410 amended Subsec. (a) by abolishing antitrust revolving fund and adding provision that all funds enumerated in Subdivs. (1) to (4), inclusive, shall be deposited in the general fund; amended Subsec. (b) by deleting authority of attorney general to expend funds from the revolving fund for expenses incurred in antitrust actions and adding provision that any balance remaining in the revolving fund on July 1, 1985, shall be transferred to the general fund.

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Sec. 35-33. Superior Court jurisdiction. The Superior Court of this state is hereby vested with jurisdiction to prevent and enjoin violations of this chapter. Any action or proceeding brought by the state, or any private party, for violation of the provisions of this chapter shall be brought in the superior court of the judicial district where the offense, or any part thereof, is committed, or in any judicial district where any of the alleged offenders reside or are found, or any agent resides or is found, or where any proprietor, association, firm, partnership, or corporate defendant does business.
(1971, P.A. 608, S. 10; P.A. 75-567, S. 6, 80; P.A. 78-280, S. 2, 127.)
History: P.A. 75-567 substituted "chapter" for "part"; P.A. 78-280 substituted "judicial district" for "county".
Cited. 169 C. 344, 346, 354. Cited. 184 C. 285, 290.
Cited. 30 CS 87, 102.

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Sec. 35-34. Injunctive relief. The state or any person, including, but not limited to, a consumer, may sue for injunctive relief, both temporary or permanent, against threatened loss or damage to its property or business by any violation of this chapter. In such actions the court shall follow the rules and principles governing the granting of injunctive relief. If the court issues an injunction, the plaintiff shall recover a reasonable attorney's fee together with costs, as determined by the court.
(1971, P.A. 608, S. 11; P.A. 75-567, S. 7, 80.)
History: P.A. 75-567 substituted "chapter" for "part".
Cited. 169 C. 344, 346. Cited. 177 C. 304, 317. Cited. 195 C. 18, 24. Cited. 204 C. 17, 24.
Cited. 31 CS 110, 112. Cited. 33 CS 221.

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Sec. 35-35. Treble damages for injury to business or property. The state, or any person, including, but not limited to, a consumer, injured in its business or property by any violation of the provisions of this chapter shall recover treble damages, together with a reasonable attorney's fee and costs.
(1971, P.A. 608, S. 12; P.A. 75-567, S. 8, 80.)
History: P.A. 75-567 substituted "chapter" for "part".
Cited. 169 C. 344, 346. Cited. 184 C. 285, 305. Cited. 195 C. 18, 24. Cited. 235 C. 1−3, 13, 39, 40, 44.
Cited. 10 CA 22, 31.
Cited. 30 CS 87, 102. Cited. 33 CS 221.

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Sec. 35-36. Final judgment in action brought by Attorney General as prima facie evidence. Any final judgment or decree, other than a stipulation or consent decree approved by the Superior Court, rendered in any action or proceeding brought by the Attorney General shall be prima facie evidence in any action under sections 35-34 and 35-35, as to all matters with respect to which the judgment or decree would be an estoppel between the parties to the suit.
(1971, P.A. 608, S. 13.)
Cited. 169 C. 344, 346.

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Sec. 35-36a. Proceedings for forfeiture of franchise. Upon the entering of a final judgment or decree, other than a stipulation or consent decree, for violation of this chapter by any corporation or association transacting business in the state, the Attorney General may institute proceedings in superior court for the judicial district of Hartford for forfeiture of charter rights, franchises, or privileges and powers exercised by such corporation or association, and for the dissolution of the corporation or association.
(P.A. 75-508, S. 5, 7; P.A. 78-280, S. 6, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4−6.)
History: P.A. 78-280 substituted "judicial district of Hartford-New Britain" for "Hartford county"; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

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Sec. 35-37. Copies of complaints to Attorney General. Any person filing a complaint, counterclaim, or answer, for any violation of the provisions of this chapter shall, simultaneously with the returning of the same to Superior Court, or in the case of pendent state law claims, to federal court, mail a copy of the complaint, counterclaim, or answer, to the Attorney General.
(1971, P.A. 608, S. 14; P.A. 75-508, S. 2, 7; 75-567, S. 9, 80.)
History: P.A. 75-508 and P.A. 75-567 clarified provisions, substituting "filing a complaint, counterclaim, or answer" for "commencing an action", "chapter" for "part" and reference to superior or federal court for "court".
Cited. 169 C. 344, 346. Cited. 195 C. 399, 404.
Cited. 33 CS 219.

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Sec. 35-38. Civil penalties for violations. In any action instituted by the Attorney General, any individual who has been held to have violated this chapter shall forfeit and pay to the state a civil penalty of not more than twenty-five thousand dollars. Any other person who has been held to have violated any of the provisions of this chapter shall forfeit and pay to the state a civil penalty of not more than two hundred fifty thousand dollars.
(1971, P.A. 608, S. 15; P.A. 73-668, S. 2; P.A. 75-567, S. 10, 80.)
History: P.A. 73-668 raised civil penalties from five thousand to twenty-five thousand dollars and from twenty-five thousand to two hundred fifty thousand dollars, respectively; P.A. 75-567 substituted "chapter" for "part".
Cited. 169 C. 344, 346.
Severability doctrine applied, when. 30 CS 87.

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Sec. 35-39. Liability of legal or commercial entity for acts of agents. A corporation, association, firm, partnership, proprietorship, or any other legal or commercial entity is liable under this chapter for the acts of its officers, directors, representatives or agents, acting within the scope of their actual or apparent authority, whether they are acting on their own behalf or for their own benefit, or acting for the corporation, association, firm, partnership or proprietorship or in their representative capacity. Proof of the acts of any such officer, director, representative, or agent shall be received as prima facie proof as the acts of the corporation, association, firm, partnership or proprietorship, itself.
(1971, P.A. 608, S. 16; P.A. 75-567, S. 11, 80.)
History: P.A. 75-567 substituted "chapter" for "part".
Cited. 169 C. 344, 346.

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Sec. 35-40. Limitation of actions. Accrual of cause of action for continuing violation. Any action under sections 35-34 and 35-35, shall be forever barred unless commenced within four years after the cause of action shall have accrued. For the purpose of this section, a cause of action for a continuing violation is deemed to accrue at any time during the period of the violation.
(1971, P.A. 608, S. 17; P.A. 75-508, S. 6, 7.)
History: P.A. 75-508 required commencement of action within four rather than three years.
Cited. 169 C. 344, 346.

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Sec. 35-41. Suspension of statute of limitations. If any proceeding or action is commenced by the Attorney General for any violation of the provisions of this chapter, the running of the statute of limitations with respect to every cause of action arising under sections 35-34 and 35-35, and based in whole or in part on any matter complained of in the proceeding or action, shall be suspended during the pendency thereof, and for one year thereafter. If the running of the statute of limitations is suspended, the cause of action shall be forever barred unless commenced either within the period of suspension, or three years after the cause of action shall have accrued.
(1971, P.A. 608, S. 18; P.A. 75-567, S. 12, 80.)
History: P.A. 75-567 substituted "chapter" for "part".
Cited. 169 C. 344, 346.

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Sec. 35-42. Subpoena power. Written interrogatories. Civil penalties. Federal and interstate cooperation. (a) Whenever the Attorney General, his deputy, or any assistant attorney general designated by the Attorney General, has reason to believe that any person has violated any of the provisions of this chapter, he may, prior to instituting any action or proceeding against such person, issue in writing and cause to be served upon any person, by subpoena duces tecum, a demand requiring such person to submit to him documentary material relevant to the scope of the alleged violation.
(b) Such demand shall (1) state the nature of the alleged violation, and (2) describe the class or classes of documentary material to be reproduced thereunder with such definiteness and certainty as to be accurately identified, and (3) prescribe a date which would allow a reasonable time to assemble such documents for compliance.
(c) All documents furnished to the Attorney General, his deputy, or any assistant attorney general designated by the Attorney General, shall be held in the custody of the Attorney General, or his designee, shall not be available to the public, and shall be returned to the person at the termination of the attorney general's investigation or final determination of any action or proceeding commenced thereunder.
(d) No such demand shall require the submission of any documentary material, the contents of which would be privileged, or precluded from disclosure if demanded in a grand jury investigation.
(e) The Attorney General, his deputy, or any assistant attorney general designated by the Attorney General, may during the course of an investigation of any violations of the provisions of this chapter by any person (1) issue in writing and cause to be served upon any person, by subpoena, a demand that such person appear before him and give testimony as to any matters relevant to the scope of the alleged violations. Such appearance shall be under oath and a written transcript made of the same, a copy of which shall be furnished to said person appearing, and shall not be available for public disclosure; and (2) issue written interrogatories prescribing a return date which would allow a reasonable time to respond, which responses shall be under oath and shall not be available for public disclosure.
(f) In the event any person shall fail to comply with the provisions of this section, (1) the Attorney General, his deputy, or any assistant attorney general designated by the Attorney General, may apply to the superior court for the judicial district of Hartford for compliance, which court may, upon notice to such person, issue an order requiring such compliance, which shall be served upon such person; (2) the Attorney General, his deputy, or any assistant attorney general designated by the Attorney General, may also apply to the superior court for the judicial district of Hartford for an order, which court may, after notice to such person and hearing thereon, issue an order requiring the payment of civil penalties to the state in an amount not to exceed five hundred dollars.
(g) The Attorney General shall cooperate with officials of the federal government and the several states, including but not limited to the sharing and disclosure of information and evidence obtained under the purview of this chapter.
(h) Service of subpoenas ad testificandum, subpoenas duces tecum, notices of deposition, and written interrogatories, as provided herein, may be made by: (1) Personal service or service at the usual place of abode; or (2) by registered or certified mail, return receipt requested, a duly executed copy thereof addressed to the person to be served at his principal place of business in this state, or, if said person has no principal place of business in this state, to his principal office, or to his residence.
(1971, P.A. 608, S. 19; P.A. 73-668, S. 3, 4; P.A. 75-508, S. 3, 7; 75-567, S. 13, 80; P.A. 78-280, S. 6, 127; P.A. 88- 230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4−6.)
History: P.A. 73-668 added Subdiv. (2) in Subsec. (e) authorizing issuance of written interrogatories and added Subsec. (g) re attorney general's cooperation with officials of federal government and other states; P.A. 75-508 authorized actions by assistant attorney general, specified in Subsec. (e)(2) that responses shall "be under oath", added Subdiv. (2) in Subsec. (f) re orders requiring payment of civil penalties and added Subsec. (h) re service of subpoenas, etc.; P.A. 75-567 substituted "chapter" for "part"; P.A. 78-280 substituted "judicial district of Hartford-New Britain" for "Hartford county" in Subsec. (f); P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93- 142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
Cited. 169 C. 344, 346. Not proper for court to make determination as to substantive applicability of Antitrust Act upon application for order of compliance with subpoena under this section. 179 C. 324, 325. Cited. 190 C. 510, 514. Cited. 212 C. 661, 664.
Subpoena duces tecum: issuance equals reasonable belief of violation, not criminal in nature, not to be fishing expedition, evidenced produced by, confidential. 30 CS 87. Constitutionality upheld. 32 CS 198.
Subsec. (a):
Cited. 212 C. 661, 664.
Subsec. (d):
Cited. 212 C. 661, 662, 666, 667.
Subsec. (e):
Cited. 212 C. 661, 664.
Subsec. (f):
Subdiv. (1) Cited. 179 C. 324, 325. Cited. 212 C. 661, 664−666.
Subsec. (h):
Cited. 212 C. 661, 664, 665.

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Sec. 35-43. Attachment. No person, including, but not limited to, a consumer, commencing an action under sections 35-34 and 35-35, shall have the right of attachment without first obtaining an order from the superior court in which such action shall be brought.
(1971, P.A. 608, S. 20.)
Cited. 169 C. 344, 346.

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Sec. 35-44. Actions and proceedings to be in accordance with civil actions statutes. Unless otherwise set forth in this chapter, all actions or proceedings under the provisions of this chapter shall be according to the statutes of Connecticut pertaining to civil actions.
(1971, P.A. 608, S. 21; P.A. 75-567, S. 14, 80.)
History: P.A. 75-567 substituted "chapter" for "part".
Cited. 169 C. 344, 346. Cited. 235 C. 1, 39−41.
Cited. 30 CS 87.

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Sec. 35-44a. Attorney General to bring actions in federal court on behalf of state government, local government, and other political subdivisions. The Attorney General may institute proceedings on behalf of the state, its municipalities, school districts and other political subdivisions organized under the authority of this state in federal court to recover damages or to seek injunctive relief provided for under any provision of federal law comparable to the provisions of this chapter; provided, the authority of any such municipality, school district or political subdivision to bring such action on its own behalf shall not be impaired nor shall its authority to engage its own counsel in connection therewith be impaired.
(P.A. 75-508, S. 4, 7.)

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Sec. 35-44b. Judicial construction of Connecticut Antitrust Act. It is the intent of the General Assembly that in construing sections 35-24 to 35-46, inclusive, the courts of this state shall be guided by interpretations given by the federal courts to federal antitrust statutes.
(P.A. 92-248, S. 2.)
Cited. 235 C. 1, 15.

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Sec. 35-45. Price discrimination prohibited in commercial transactions. Rebuttal of prima-facie case. (a) No person engaged in commerce, in the course of such commerce, either directly or indirectly, shall discriminate in price between different purchasers of commodities of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such commodities are sold for use, consumption or resale within Connecticut, and where the effect of such discrimination may be to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them; provided nothing herein contained shall prevent differentials which only make due allowance for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such commodities are sold or delivered to such purchasers; or prevent persons engaged in selling goods, wares or merchandise in commerce from selecting their own customers in bona fide transactions and not in restraint of trade; or prevent price changes from time to time in response to changing conditions affecting the market for or the marketability of the goods concerned, such as, but not limited to, actual or imminent deterioration of perishable goods, obsolescence of seasonal goods, distress sales under court process or sales in good faith in discontinuance of business in the goods concerned.
(b) Upon proof being made, at any hearing on a complaint under subsection (a) of this section, that there has been discrimination in price, the burden of rebutting the prima- facie case thus made by showing justification shall be upon the person charged with a violation of this section, and unless justification shall be affirmatively shown, an order terminating the discrimination may be issued; provided nothing herein contained shall prevent a seller rebutting the prima-facie case thus made by showing that his lower price to any purchaser or purchasers was made in good faith to meet an equally low price of a competitor.
(P.A. 73-668, S. 1; P.A. 74-102.)
History: P.A. 74-102 added Subsec. (b) re burden of proof.

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Sec. 35-46. Joint research and development ventures. Any person, as defined in section 35-25, who is in compliance with the National Cooperative Research Act of 1984, Public Law 98-462, shall be deemed to be in compliance with all provisions of sections 35-24 to 35-45, inclusive, concerning joint research and development ventures. As used in this section, the term "joint research and development venture" shall be construed as defined in the National Cooperative Research Act of 1984. Nothing in this section shall affect the application of said sections to any activity of a person other than joint research and development ventures.
(P.A. 92-248, S. 1.)

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Secs. 35-47 to 35-49. Reserved for future use.

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