Title 45, Trade and Commerce

(a) In an action brought by a private person under AS 45.50.471 — 45.50.561, a prevailing plaintiff shall be awarded costs as provided by court rule and full reasonable attorney fees at the prevailing reasonable rate. (b) Unless the action is found to be frivolous, in an action b…

(a) If a contract for sale or lease of consumer goods or services on credit entered into between a retail seller and a retail buyer requires or involves the execution of a promissory note or instrument or other evidence of indebtedness of the buyer, the note, instrument, or evide…

A waiver by a consumer of the provisions of AS 45.50.471 — 45.50.561 is contrary to public policy and is unenforceable and void.

In interpreting AS 45.50.471 due consideration and great weight should be given the interpretations of 15 U.S.C. 45(a)(1) (§ 5(a)(1) of the Federal Trade Commission Act).

(a) A person who violates the terms of an injunction or restraining order issued under AS 45.50.501 shall forfeit and pay to the state a civil penalty of not more than $50,000 for each violation. For the purposes of this section, the superior court in a judicial district issuing …

(a) In AS 45.50.471 — 45.50.561 (1) “advertising” includes the attempt directly or indirectly by publication, dissemination, solicitation, endorsement, or circulation, display in any manner, including solicitation or dissemination by mail, telephone or door-to-door contacts, or i…

Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce is unlawful.

It is unlawful for a person to monopolize, or attempt to monopolize, or combine or conspire with another person to monopolize any part of trade or commerce.

It is unlawful for a person to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, or services, whether patented or unpatented, for use, consumption, enjoyment, or resale, or fix a price charged for it, or discount fr…

(a) It is unlawful for a person to acquire and hold, directly or indirectly, the whole or a part of the stock, or other share capital, or assets of any corporation after August 5, 1975 if the effect of the acquisition and holding may be substantially to lessen competition or to t…

(a) It is unlawful for a person to be at the same time a director, officer, partner, or trustee in any two or more firms, partnerships, trusts, associations, or corporations or any combination of them engaged in commerce, if these firms, partnerships, trusts, associations, or cor…

(a) AS 45.50.562 — 45.50.596 do not forbid the existence or operation of labor, agricultural, horticultural, or marine pilot organizations created for the purpose of mutual help, and not conducted for profit, or forbid or restrain members of those organizations from lawfully carr…

A contract or agreement in violation of a provision of AS 45.50.562 — 45.50.596 is voidable by either party as to future performance by either party; however, the court may, in its discretion, order payment for goods or services already received to prevent unjust enrichment.

(a) A person who is injured in business or property by a violation of AS 45.50.562 — 45.50.570, or a person so injured because the person refuses to accede to a proposal for an arrangement that, if consummated, would be a violation of AS 45.50.562 — 45.50.570, may bring a civil a…

(a) The attorney general may bring a civil action in superior court to secure monetary relief as provided in this section on behalf of the state and its agencies injured either directly or indirectly by reason of any violation of AS 45.50.562 — 45.50.570. (b) The attorney general…

(a) A person who violates AS 45.50.562 or 45.50.564 is guilty of a class C felony and upon conviction is punishable, (1) if a natural person, by a fine of not more than $1,000,000, notwithstanding AS 12.55.035, or by imprisonment as provided in AS 12.55, or by both; or (2) if not…

In a civil action brought by the attorney general under AS 45.50.577, the attorney general may recover aggregate damages by using statistical sampling or sampling methods, by the computation of illegal overcharges, or by a similar, reasonable system of estimating aggregate damage…

(a) In addition to any other relief provided by AS 45.50.562 — 45.50.596, the attorney general may bring an action to enjoin a violation of AS 45.50.562 — 45.50.596. This action may be brought as a sole action or in conjunction with another action that the attorney general is aut…

An action arising under AS 45.50.562 — 45.50.596 shall be brought in the superior court.

(a) In an action maintained under AS 45.50.562 — 45.50.596, the parties to it may file with the court a consent judgment or decree. The consent judgment or decree shall set out the alleged violations, future obligations of the parties, if any, damages, or other relief, the defend…

A final judgment rendered in a civil or criminal action brought by the state under AS 45.50.562 — 45.50.596 is prima facie evidence against the defendant in any other action under AS 45.50.562 — 45.50.596 brought by another party, or by the state, a city, a borough, or other gove…

An action to enforce a claim arising under AS 45.50.562 — 45.50.596 is barred unless commenced within four years after the claim accrues, except that when an action is brought by the attorney general under AS 45.50.562 — 45.50.596, the running of this period of limitation, with r…

If the attorney general determines, upon complaint or otherwise, that a person has engaged in, or engages in, or is about to engage in an act or practice prohibited or declared unlawful by AS 45.50.562 — 45.50.596, or that a person has assisted or participated in a plan, scheme, …

(a) If the attorney general determines that a person is in possession, custody, or control of documentary evidence, wherever situated, that the attorney general believes to be relevant to an investigation authorized in AS 45.50.590, the attorney general may execute in writing and…

(a) In connection with an investigation authorized by AS 45.50.590, the attorney general may issue an investigative demand compelling the attendance of a person for examination under oath before the attorney general or before a court of record. (b) Each demand shall (1) state the…

In AS 45.50.562 — 45.50.596, (1) “asset” includes any property, tangible or intangible, real, personal, or mixed and wherever located, and any other thing of value; (2) “documentary evidence” includes an original or copy of a book, record, report, memorandum, paper, communication…

AS 45.50.562 — 45.50.598 may be cited as the Alaska Restraint of Trade Act.

The state director of civil defense (1) may adopt regulations under AS 44.62 (Administrative Procedure Act) defining fair standards in the advertising and sale of civil defense aids; and (2) shall prohibit unfair or deceptive practices.

Regulations adopted by the state director of civil defense must prohibit the following practices: (1) exaggerated or misleading claims of protection afforded by shelters; (2) the use of misleading pictures; (3) the use of deceptive pricing practices; (4) the use of guarantees in …

Installment or credit purchase plans for civil defense aids must include a clear statement of financial terms, including a statement of annual simple interest.

The attorney general shall prosecute any legal action on behalf of the state director of civil defense.

A person who violates a provision of AS 45.50.600 — 45.50.606 or a regulation adopted by the state director of civil defense under AS 45.50.600 — 45.50.606 is punishable by a fine of not more than $500, or by imprisonment for not more than six months, or, in the alternative, is s…

In AS 45.50.600 — 45.50.606 “civil defense aid” means a product, service, structure, or improvement intended for use by civilians as a protection against a result of an attack by a foreign power on the United States and includes but is not limited to a protective shelter or impro…

Before entry into a lease agreement, a refiner or distributor shall disclose to the dealer facts that would reasonably be considered material to the dealer's decision to enter into the lease. These facts must include, but not be limited to, (1) ownership of property of the retail…

(a) A person may not, directly or indirectly, through officers, employees, or agents, (1) require the dealer at the time of entering into the lease agreement to relieve any person from liability imposed by AS 45.50.800 — 45.50.850; (2) require the dealer to agree to waive the rig…

If the refiner or distributor terminates, cancels, or fails to renew under AS 45.50.810(c)(1), (2), or (3) or for any good cause other than under AS 45.50.810(c)(4), the refiner or distributor shall compensate the dealer for the fair market value of the business, excluding goodwi…

Unless provided otherwise by the lease, upon the death of the lessee the lease shall terminate and the surviving spouse shall have the right of first refusal of the new lease if the surviving spouse has been an active participant in the business and is qualified.

If under AS 45.50.820 the distributor or refiner has good cause and the distributor or refiner and the dealer cannot agree on the fair market value of the business, then either party may initiate an action in the superior court where the retail outlet exists. Reasonable attorney …

In AS 45.50.800 — 45.50.830, unless the context otherwise requires, (1) “dealer” means a person primarily engaged in the sale of gasoline to the motoring public through a retail outlet leased from the refiner or distributor or its agent by the person and operated by the person; (…

AS 45.50.800 — 45.50.850 may be cited as the Alaska Gasoline Products Leasing Act.

(a) A person who (1) reproduces for sale, sells, offers for sale, or knowingly advertises for sale any sound recording that has been reproduced without the written consent of the owner or (2) advertises, offers for sale or resale, or sells or resells a phonograph record, disc, wi…

(a) A court may enjoin actual or threatened misappropriation of trade secrets. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to e…

(a) In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual…

In an action under AS 45.50.910 — 45.50.945, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, an…

An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.

(a) AS 45.50.910 — 45.50.945 displace conflicting tort, restitutionary, and other state laws pertaining to civil liability for misappropriation of a trade secret. (b) AS 45.50.910 — 45.50.945 do not affect (1) contractual or other civil liability or relief that is not based upon …