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NO. 35.  AN ACT RELATING TO PREDATORY PRICING.

(S.31)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  9 V.S.A. § 2461c is added to read:

§ 2461c.  PREDATORY PRICING

(a)  No person, with the intent to harm competition, shall price goods or services in a manner that tends to create or maintain a monopoly or otherwise harms competition.  A violation of this subsection is deemed to be an unfair method of competition in commerce and a violation of section 2453 of this title.

(b)  It is the intent of the general assembly that in construing subsection (a) of this section, the courts of the state will be guided by similar terms contained in federal anti-trust law as construed by the courts of the United States and as amended by Congress.

(c)  The attorney general shall make rules and regulations when necessary and proper to carry out the purposes of this section.  The rules and regulations shall not be inconsistent with the rules, regulations, and decisions of the Federal Trade Commission or with the decisions of the courts of the United States construing federal anti-trust law.  

(d)  The attorney general has the same authority to conduct civil investigations and enter into assurances of discontinuance as provided under subchapter 1 of this chapter.

(e)  A person aggrieved by a violation of this section or a violation of rules adopted under this section may bring an action in superior court for appropriate relief under subsection 2461(b) of this title.

(f)  This section shall not be construed to limit rights or remedies available to a person under any other law.

Approved:  June 1, 2005



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us