Sec. 42-511. Motor fuel industry market concentration. Filing. Investigation.
Penalty. Confidentiality. (a) Any person conducting business in the motor fuel industry
in this state that files merger, acquisition or any other information regarding market
concentration in the motor fuel industry in this state with the Federal Trade Commission
or the United States Department of Justice, in compliance with the Hart-Scott-Rodino
Antitrust Improvements Act, 15 USC 18a, shall simultaneously file a copy of the same
information with the Attorney General of this state. For purposes of this section, "motor
fuel" shall have the same meaning as defined in section 14-327a and "person" shall
have the same meaning as used in subsection (k) of section 1-1.
(b) After reviewing information filed pursuant to subsection (a) of this section,
the Attorney General may measure the market concentration and changes in market
concentration in the motor fuel industry in this state due to such merger, acquisition
or any other information. Such measurement shall include the use of the Herfindahl-Hirschman Index.
(c) If the Herfindahl-Hirschman Index score determined pursuant to subsection (b)
of this section is: (1) Between one thousand and one thousand eight hundred points and
increases by more than one hundred points due to information disclosed pursuant to
subsection (a) of this section, or (2) equal to or greater than one thousand eight hundred
points and increases by more than fifty points due to information disclosed pursuant to
subsection (a) of this section, the Attorney General may issue in writing and cause to
be served upon any person, by subpoena duces tecum, a demand requiring such person
to submit to him or her documentary material relevant to the scope of the Attorney
General's investigation. For the purposes of this section, "documentary material" includes, but is not limited to, any information in a written, recorded or electronic form.
In the event that the Federal Trade Commission or the United States Department of
Justice utilize different Herfindahl-Hirshman Index scores than the specific scores cited
in this subsection to measure market concentration and changes in market concentration
in the motor fuel industry, the Attorney General shall utilize such different scores when
determining if he or she will issue a written demand requiring the submission of documentary material pursuant to this subsection.
(d) Such demand shall (1) state the nature of the investigation, (2) describe the class
or classes of documentary material to be reproduced with such definiteness and certainty
as to be accurately identified, and (3) prescribe a date that allows a reasonable time to
assemble such documentary material for compliance.
(e) (1) All documentary material furnished to the Attorney General, his or her deputy or any assistant attorney general designated by the Attorney General, pursuant to a
demand issued under subsection (c) of this section, shall be held in the custody of the
Attorney General, or the Attorney General's designee, and shall not be available to
the public. Such documentary material shall be returned to the person furnishing such
documentary material upon the termination of the Attorney General's investigation or
final determination of any action or proceeding commenced thereunder.
(2) All documentary material or other information furnished voluntarily to the Attorney General, his or her deputy or any assistant attorney general designated by the
Attorney General that relates to an investigation of the Attorney General pursuant to
this section and the identity of the person furnishing such documentary material or
other information shall be held in the custody of the Attorney General, or the Attorney
General's designee, and shall not be available to the public. Such documentary material
or other information shall be returned to the person furnishing such documentary material or other information upon the termination of the Attorney General's investigation
or final determination of any action or proceeding commenced thereunder.
(f) 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.
(g) The Attorney General, his or her deputy or any assistant attorney general designated by the Attorney General may, during the course of an investigation of any antitrust
violations 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 or her 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
such person appearing and shall not be available for public disclosure; and (2) issue
written interrogatories prescribing a return date that allows a reasonable time to respond,
which responses shall be under oath and shall not be available for public disclosure.
(h) In the event any person fails to comply with the provisions of subsection (a) of
this section or subsections (c) to (g), inclusive, of this section, (1) the Attorney General,
his or her 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; and (2) the Attorney General, his or her 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 two thousand dollars.
(i) 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 section.
(j) Service of subpoenas ad testificandum, subpoenas duces tecum, notices of deposition and written interrogatories, as provided in this section, may be made by: (1) Personal service or service at the usual place of abode; or (2) registered or certified mail,
return receipt requested, a duly executed copy thereof addressed to the person to be
served at such person's principal place of business in this state or, if such person has
no principal place of business in this state, at such person's principal office or such
person's residence.
(P.A. 10-176, S. 1.)
History: P.A. 10-176 effective July 1, 2010.
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