ORS 646.740¹
Permitted activities

The provisions of ORS 136.617 (Proceedings to compel witness who may be incriminated thereby to testify), 646.705 (Definitions for ORS 136.617 and 646.705 to 646.805) to 646.805 (Effect of prior final judgment or decree) and 646.990 (Penalties) may not be construed to make illegal:

(1) The activities of any labor organization or individual working men and women permitted by ORS chapters 661 to 663;

(2) The right of producers, as defined in ORS 646.515 (Definitions for ORS 646.515 to 646.545), and commercial fishermen to join, belong to and act through cooperative bargaining associations under ORS 646.515 (Definitions for ORS 646.515 to 646.545) to 646.545 (Remedy for unfair trade practices). For the purpose of this subsection, activities of cooperative bargaining associations and their members that are lawful under 15 U.S.C. 521 and 522 or 7 U.S.C. 291 and 292 are lawful under ORS 646.515 (Definitions for ORS 646.515 to 646.545) to 646.545 (Remedy for unfair trade practices);

(3) The activities of any person subject to regulation by the Public Utility Commission under ORS chapters 756 to 759 to the extent that such activities are so regulated and are lawful thereunder or the activities of any person conducted or carried out in accordance with any agreement or procedure approved as provided in 49 U.S.C. 5b or 5c;

(4) The activities of any person subject to regulation by the Director of the Department of Consumer and Business Services under ORS chapters 731 to 750 to the extent that such activities are so regulated and are lawful thereunder;

(5) The activities of any state or national banking institution or savings and loan association, and of any other lending institution, to the extent that such activities are regulated by the Director of the Department of Consumer and Business Services under ORS chapters 706 to 725 and are lawful thereunder;

(6) Any other activity specifically authorized under state law or local ordinance;

(7) The activities of any metropolitan service district formed under ORS chapter 268 and the activities of any person subject to regulation by a metropolitan service district formed under ORS chapter 268 to the extent that those activities are so regulated and are lawful thereunder;

(8) The activities of any person conducted or carried out in accordance with the terms and conditions of a certificate issued pursuant to 15 U.S.C. 4001 to 4021;

(9) The activities of a health care provider authorized by and in accordance with ORS 442.700 (Definitions for ORS 442.700 to 442.760) to 442.760 (Status to contest order) to the extent the activities are regulated and lawful under ORS 442.700 (Definitions for ORS 442.700 to 442.760) to 442.760 (Status to contest order);

(10) The negotiating activities of a dealer in agricultural commodities that are carried out and supervised under ORS 62.848 (Antitrust immunity for negotiations governing price for sale of grass seed); or

(11) The negotiating activities of a dealer in Oregon seafood commodities that are carried out and supervised under ORS 62.849 (Antitrust immunity for negotiations governing season starting price for sale of Oregon seafood). [1975 c.255 §6; 1977 c.545 §1; 1979 c.531 §7; 1983 c.200 §19; 1985 c.762 §185; 1987 c.373 §29; 1987 c.447 §136; 1993 c.769 §15; 1995 c.733 §75; 1997 c.296 §2; 2001 c.142 §6; 2003 c.487 §6]

Notes of Decisions

Under this sec­tion, local nonprofit health care provider offering prescrip­tion drugs in kind under its group health insurance policies was subject to state antitrust regula­tion to the extent free of state insurance regula­tion. Klamath-Lake Pharmaceutical Assn. v. Klamath Medical Service Bureau, 701 F2d 1276 (1983)

§§ 646.705 (Definitions for ORS 136.617 and 646.705 to 646.805) to 646.815 (Criminal prosecutions)

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