2017 ORS 646.736¹
Public policy
  • certain cooperative activities not unlawful

(1) It is the public policy of the State of Oregon to encourage the efficient production and distribution of agricultural, seafood and other products derived from natural resources or labor resources of this state. Accordingly, a cooperative that operates in compliance with the provisions of ORS chapter 62 and that does not during its fiscal year market products for nonmember patrons in an amount greater in value than the products marketed for its members may not be deemed to be a conspiracy or combination in restraint of trade, or an illegal monopoly; nor shall the contracts of such cooperative authorized by ORS chapter 62, whether or not required by the cooperative as a condition of membership or of doing business with the cooperative, be construed as an unlawful restraint of trade, or as part of a conspiracy or combination to accomplish an improper or illegal purpose or act.

(2) A negotiating committee of dealers, as defined in ORS 646.515 (Definitions for ORS 646.515 to 646.545) (3), that operates in compliance with the provisions of ORS 646.737 (Exemption for negotiations governing sale price of Oregon blackberries), 646.738 (Exemption for negotiations governing price for sale of grass seed) or 646.739 (Exemption for negotiations governing season starting price for sale of Oregon seafood) may not be deemed to be engaged in unlawful restraint of trade or to be participants in a conspiracy or combination to accomplish an improper or illegal purpose or act when the negotiating committee negotiates with a cooperative:

(a) The price for which the members of the cooperative will sell agricultural products to be produced by the members;

(b) The season starting price for which the members of the cooperative will sell seafood to be harvested by the members;

(c) The price to be paid for the services of producing agricultural products by the members or under the control of the members; or

(d) The season starting price for the services of harvesting seafood products by the members or under control of the members. [Formerly 62.845]

Note: 646.736 (Public policy) to 646.739 (Exemption for negotiations governing season starting price for sale of Oregon seafood) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 646 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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/­ors/­ors646.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 646, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano646.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.