*Cited. 177 C. 218; 181 C. 655; 183 C. 85. Federal law does not preempt the remedy for violations of Connecticut statutes that harmonize with federal antitrust law. 184 C. 285. Cited. 192 C. 460; Id., 558; 195 C. 18; Id., 399; 202 C. 234; 212 C. 661. Interpretations of provisions of act, including award of prejudgment interest discussed. 235 C. 1. Cited. 241 C. 24. A municipality may be sued under act. 270 C. 619.
Cited. 1 CA 439; 11 CA 67. Act expresses a broad public policy of promoting competition in the marketplace and prohibiting unreasonable restraints on trade, monopolies and attempts to monopolize a defined marketplace. 104 CA 685.
Act prohibits any contract combination or conspiracy the effect of which is to induce third parties not to deal. 31 CS 110. Cited. 35 CS 136.
Sec. 35-24. Short title: Connecticut Antitrust Act.
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. 35-30. Application of chapter.
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. 35-44. Actions and proceedings to be in accordance with civil actions statutes.
Sec. 35-44b. Judicial construction of Connecticut Antitrust Act.
Sec. 35-46. Joint research and development ventures.
Sec. 35-46a. Assertion and proof of certain defenses.
Secs. 35-47 to 35-49. Reserved
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.
Cited. 33 CS 216; 35 CS 136.
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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; 184 C. 285; 212 C. 661.
Cited. 43 CA 801.
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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. Statute applies to contract entered into prior to effective date of statute if contract continues in existence thereafter. 177 C. 218. Cited. 180 C. 680; 181 C. 655, overruled, see 335 C. 174; 184 C. 285; 241 C. 24. Exclusivity provisions between newspaper and syndicators did not constitute per se violations of antitrust statutes. 261 C. 673. Section is substantially identical to federal Sherman Act, 15 USC 1, and applies to contracts, combinations or conspiracies in restraint of trade or commerce. 303 C. 205. Trial court incorrectly concluded that plaintiff nonunion contractor, as an unsuccessful bidder in a municipal bidding process, did not have standing to prosecute its claim against the city where city enforced a project labor agreement in the pre-bid specifications that required the successful bidder to perform all project work with union labor. Id., 402.
An initial contract might not violate the antitrust laws at the time of its formation but arguably could become violative of those same laws when one of the contracting parties later gains unlawful dominance and control over a market as a result of a series of contracts or acquisitions. 104 CA 685.
Cited. 35 CS 136.
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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; 180 C. 680; 181 C. 655, overruled, see 335 C. 174; 184 C. 285; 235 C. 11.
An initial contract might not violate the antitrust laws at the time of its formation but arguably could become violative of those same laws when one of the contracting parties later gains unlawful dominance and control over a market as a result of a series of contracts or acquisitions. 104 CA 685.
Cited. 33 CS 220; 35 CS 136.
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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. 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. Cited. 181 C. 655, overruled, see 335 C. 174; 184 C. 285; 192 C. 460; 195 C. 399. Exclusivity provisions between newspaper and syndicators did not constitute per se violations of antitrust statutes. 261 C. 673. Trial court incorrectly concluded that plaintiff nonunion contractor, as an unsuccessful bidder in a municipal bidding process, did not have standing to prosecute its claim against the city where city enforced a project labor agreement in the pre-bid specifications that required the successful bidder to perform all project work with union labor. 303 C. 402.
Cited. 31 CS 110; 33 CS 217. Covenant in shopping park lease prohibiting any other tenant from selling similar food within 400 feet of leased premises appears to violate Subdiv. (d), so temporary injunction enforcing covenant should not be issued. 34 CS 74. Cited. 35 CS 136.
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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. 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 in determining if violation of statute occurred. 181 C. 655, overruled, see 335 C. 174. Trial court incorrectly concluded that plaintiff nonunion contractor, as an unsuccessful bidder in a municipal bidding process, did not have standing to prosecute its claim against the city where city enforced a project labor agreement in the pre-bid specifications that required the successful bidder to perform all project work with union labor. 303 C. 402.
An initial contract might not violate the antitrust laws at the time of its formation but arguably could become violative of those same laws when one of the contracting parties later gains unlawful dominance and control over a market as a result of a series of contracts or acquisitions. 104 CA 685.
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.
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. 179 C. 324.
Cited. 35 CS 136.
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 Subsec. 169 C. 344. Cited. 181 C. 655, overruled, see 335 C. 174; 235 C. 1. Sec. 35-44b was inapplicable in present case concerning a state antitrust statute without federal parallel and did not require court to incorporate federal case law defining state action immunity into its construction of Subsec.; Subsec. has no parallel in federal antitrust statutes and its specific language, which provides qualified state action immunity for anticompetitive conduct that is specifically directed or required by statute, takes precedence over the general language of case law construing generalized provisions of federal statutes covering same subject matter; trial court improperly rendered summary judgment for defendants as there was a genuine issue of material fact as to existence of wholesale water market in southeastern Connecticut and defendants were not specifically directed or required by statute to engage in all of the anticompetitive activities and thus were not immune from antitrust liability under subsection. 273 C. 786. Given the city was acting in a proprietary rather than regulatory capacity when enforcing a project labor agreement in a pre-bid specification that required the successful bidder to perform all project work with union labor, the city was not entitled to qualified immunity for its anticompetitive conduct. 303 C. 402.
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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; 177 C. 218; 179 C. 324; 184 C. 285; 212 C. 661.
Subsec. (c):
Subdiv. (2) affords the state standing to pursue a parens patriae claim for damages to its general economy caused by violations of the Connecticut Antitrust Act. 286 C. 454.
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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 10% of funds collected, not exceeding $250,000; 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; 184 C. 285.
Cited. 30 CS 87.
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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; 177 C. 304; 195 C. 18; 204 C. 17.
Cited. 31 CS 110; 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; 184 C. 285; 195 C. 18; 235 C. 1. Plaintiff cannot recover from software manufacturer when plaintiff did not purchase software directly from the manufacturer but rather from a retailer. 260 C. 59.
Cited. 10 CA 22.
Cited. 30 CS 87; 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.
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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; 195 C. 399.
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 one hundred 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 one million dollars.
(1971, P.A. 608, S. 15; P.A. 73-668, S. 2; P.A. 75-567, S. 10, 80; P.A. 09-68, S. 2.)
History: P.A. 73-668 raised civil penalties from $5,000 to $25,000 and from $25,000 to $250,000, respectively; P.A. 75-567 substituted “chapter” for “part”; P.A. 09-68 increased maximum civil penalty from $25,000 to $100,000 for an individual and from $250,000 to $1,000,000 for any other person.
Cited. 169 C. 344.
When severability doctrine applied. 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.
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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.
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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.
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Sec. 35-42. Investigation of alleged violation. Issuance of subpoenas and written interrogatories. Enforcement of compliance. Cooperation. Service. Confidential material. (a) Whenever the Attorney General, his or her 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 or she 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 or her documentary material relevant to the scope of the alleged violation. For the purposes of this section, “documentary material” includes, but is not limited to, any information in a written, recorded or electronic form.
(b) Such demand shall (1) state the nature of the alleged violation, (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 documentary material for compliance.
(c) (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 (a) 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, for suspected violations of the provisions of this chapter, 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.
(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 or her 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 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 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 fails to comply with the provisions 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; (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.
(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 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.
(i) Notwithstanding the prohibition against public disclosure of documentary material and other information provided in subsections (c) and (e) of this section, any confidential material may be used by the Attorney General, or the Attorney General's designee, in connection with the taking of oral testimony conducted pursuant to this section, when the Attorney General, or the Attorney General's designee, reasonably determines that it is necessary to disclose such confidential material to a person providing oral testimony in order to adduce evidence of a suspected violation of a provision of this chapter and reasonably believes that the person providing oral testimony: (1) Is an author or recipient of the confidential material, (2) has read the confidential material, or (3) is otherwise aware of the substance of the confidential material. The permissible use of confidential material in connection with the taking of oral testimony provided under this subsection shall not apply to investigations of proposed mergers or acquisitions. No copy or original of the confidential material described or shown to a person providing oral testimony pursuant to this section shall be retained by such person. For purposes of this subsection, “confidential material” means documentary material, responses to interrogatories or written transcripts of oral testimony, or copies thereof, or other information produced pursuant to a demand made under this section or furnished voluntarily.
(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; P.A. 09-68, S. 1; P.A. 13-85, S. 1.)
History: P.A. 73-668 added Subsec. (e)(2) authorizing issuance of written interrogatories and 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 Subsec. (f)(2) 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; P.A. 09-68 amended Subsec. (a) to add definition of “documentary material”, amended Subsec. (b) to replace “documents” with “documentary material”, amended Subsec. (c) to designate existing provisions as Subdiv. (1) and amend same to replace “documents” with “documentary material”, make provisions applicable to documentary material furnished pursuant to demand issued under Subsec. (a) and provide that material shall be returned to person “furnishing such documentary material”, and to add Subdiv. (2) re custody, availability and return of documentary material or other information furnished voluntarily to Attorney General and identity of the person furnishing such material or information, amended Subsec. (f) to increase maximum civil penalty from $500 to $2,000 and made technical changes throughout, effective July 1, 2009; P.A. 13-85 added Subsec. (i) re confidential material.
Cited. 169 C. 344. Not proper for court to make determination as to substantive applicability of antitrust act upon application for order of compliance with subpoena under section. 179 C. 324. Cited. 190 C. 510; 212 C. 661. Future court is not bound by trial court's rejection of plaintiff's interpretation of confidentiality provisions of section, as decision was interlocutory. 288 C. 646. Section bars disclosure of material and information gathered in antitrust investigation under section to all persons outside Attorney General's office, with the exception of officials of other states and the federal government, provided Attorney General first obtains agreements from such officials that they will abide by the same confidentiality restrictions to which Attorney General is subject. 297 C. 710.
Subpoena duces tecum: Issuance equals reasonable belief of violation, not criminal in nature, not to be fishing expedition, evidence produced by, confidential. 30 CS 87. Constitutionality upheld. 32 CS 198.
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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.
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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; 235 C. 1.
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. Sec. 35-35 must be interpreted consistently with relevant provisions of federal case law. 260 C. 59. This section does not deprive the state of standing to pursue a parens patriae action for antitrust damages to its general economy pursuant to Sec. 35-32(c)(2) because this section does not incorporate the federal preclusion of general economy damages into the state antitrust scheme. 286 C. 454. To have standing to bring a claim under the antitrust act, a plaintiff must adequately plead both that it has suffered an antitrust injury and that it is an efficient enforcer of the antitrust act, thus a claim that a plaintiff has failed to allege an antitrust injury or that it has failed to allege that it is an efficient enforcer of the antitrust laws implicates the trial court's subject matter jurisdiction and should be raised by way of a motion to dismiss. 333 C. 672.
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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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Sec. 35-46a. Assertion and proof of certain defenses. In any action brought under subsection (c) of section 35-32 or seeking treble damages under section 35-35, a defendant:
(1) May not assert as a defense that the defendant did not deal directly with the person on whose behalf the action is brought; and
(2) May, in order to avoid duplicative liability, prove, as a partial or complete defense against a damage claim, that all or any part of an alleged overcharge ultimately was passed on to another person by a purchaser or a seller in the chain of manufacture, production or distribution that paid the alleged overcharge.
(P.A. 17-241, S. 2; P.A. 18-22, S. 1.)
History: P.A. 17-241 effective July 10, 2017; P.A. 18-22 deleted reference to sale, distribution or disposal of drug or device, and made conforming changes.
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Secs. 35-47 to 35-49. Reserved for future use.
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