ORS 646.725¹
Prohibited acts

Every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce is declared to be illegal. [1975 c.255 §4]

Notes of Decisions

Where legality of tying arrange­ment was at issue, pos­ses­sion of exclusive trademark or service mark alone did not create presump­tion of sufficient economic power over market for tying product. Golden West Insula­tion, Inc. v. Stardust Invest­ment Corp., 47 Or App 493, 615 P2d 1048 (1980)

In ac­tion to enforce land sale contract, defendant could properly raise and sufficiently alleged, as af­firm­a­tive de­fense, existence of an illegal tying agree­ment under this sec­tion. King City Realty v. Sunpace, 291 Or 573, 633 P2d 784 (1981)

Where there is no evidence that plaintiff's exclusion from participa­tion in Network Health Care Plan had adverse effect on competi­tion, plan is not illegal per se and not unreasonable restraint on trade. NW Medical Lab v. Blue Cross and Blue Shield, 97 Or App 74, 775 P2d 863 (1989), aff'd 310 Or 72, 794 P2d 428 (1990)

Atty. Gen. Opinions

Meetings between members of associa­tions having PUC authority to transport logs, poles and piling and mills and other shippers to jointly agree on rate for transporta­tion, (1981) Vol 41, p 444

Law Review Cita­tions

55 OLR 537-551 (1976); 56 OLR 331 (1977)

Chapter 646

Notes of Decisions

Subject matter regulated by this chapter is not "preempted" by Federal Robinson-Patman Act so as to render this chapter invalid. W. J. Seufert v. Nat. Restaurant Supply Co., 266 Or 92, 511 P2d 363 (1973)

Whether an injunc­tion should issue when a court finds a viola­tion of the Act is a matter of discre­tion. State ex rel Johnson v. Interna­tional Harvester Co., 25 Or App 9, 548 P2d 176 (1976)

This chapter imposes no af­firm­a­tive duty to inform customers of rates in absence of request, but prohibits making in­for­ma­­tion about prices available to some customers and not others. Wildish Sand & Gravel v. Northwest Natural Gas Co., 103 Or App 215, 796 P2d 1237 (1990), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 646—Trade Practices and Antitrust Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors646.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 646, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­646ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information