Oregon Antitrust Disclosure Compliance Memorandum

State:
Multi-State
Control #:
US-TC0308
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Description

This memornadum addresses two antitrust concerns that should be noted by emerging companies: Avoiding the creation of documents that might invite antitrust problems, and avoiding premerger coordination of commercial activities and uncontrolled exchange of compettitively sensitive information.

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FAQ

N. tripling damages allowed by state statute in certain types of cases, such as not making good on a bad check or intentionally refusing to pay rent. Federal antitrust violations also carry treble damage penalties.

A person, the state or any political subdivision in the state injured in its business or property by a violation of ORS 646.725 (Prohibited acts) or 646.730 (Monopolies prohibited) may sue for the injury and shall recover three times the damages sustained. ORS 646.780 ? Recovery of treble damages - OregonLaws - Public.Law public.law ? statutes ? ors_646 public.law ? statutes ? ors_646

Oregon's UTPA was enacted as a comprehensive statute intended to protect consumers from unlawful trade practices. in the supreme court of the state of oregon oregon.gov ? Lists ? Attachments oregon.gov ? Lists ? Attachments

The Unlawful Trade Practices Act (UTPA) is one tool consumers can use to recover damages that occur as a result of deceptive sales or business practices. The UTPA was enacted in 1971 and is largely based on the Uniform Deceptive Trade Practices Act. THE UNLAWFUL TRADE PRACTICES ACT oregonlegislature.gov ? lpro ? Publications oregonlegislature.gov ? lpro ? Publications

Treble damages are usually a multiple of, rather than an addition to, actual damages, but on occasion they are additive, as in California Civil Code § 1719. When such damages are multiplicative and a person received an award of $100 for an injury, a court applying treble damages would raise the award to $300.

Unlike traditional punitive damages, treble damages are capped at three times the compensatory. Treble damages are meant to deter others from committing the same offense. They are often invoked for willful violations of state or federal statues.

Treble damages are technically a type of punitive damage. They're only awarded to plaintiffs in cases where punishing the defendant is deemed necessary. Punitive damages are usually only applied when the defendant or accused party has been convicted of especially negligent and/or malicious behavior.

Section 30.905 - Time limitation for commencement of action (1) Subject to the limitation imposed by subsection (2) of this section, a product liability civil action for personal injury or property damage must be commenced not later than two years after the plaintiff discovers, or reasonably should have discovered, the ... Time limitation for commencement of action, ORS § 30.905 - Casetext casetext.com ? statute ? product-liability-actions casetext.com ? statute ? product-liability-actions

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Oregon Antitrust Disclosure Compliance Memorandum