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S.31

Introduced by   Senator Sears of Bennington District, Senator Bartlett of Lamoille District and Senator Dunne of Windsor District

Referred to Committee on

Date:

Subject:  Consumer fraud; predatory pricing

Statement of purpose:  This bill proposes to clarify that predatory pricing is prohibited under the consumer fraud act.      

AN ACT RELATING TO PREDATORY PRICING

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 or deceptive practice 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 this state will be guided by the construction of similar terms contained in the Sherman Act and the Robinson-Patman Price Discrimination Act by the courts of the United States. 

(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 interpreting the Sherman Act and the Robinson-Patman Price Discrimination Act.  

(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.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us