Title 35 — Title 35: Trade Regulations, Trademarks and Collective and Certification Marks

Sec. 35-24. Short title: Connecticut Antitrust Act. This chapter shall be known as the “Connecticut Antitrust Act”. (1971, P.A. 608, S. 1; P.A. 75-567, S. 1, 80.) History: P.A. 75-567 substituted “chapter” for “part”. Cited. 169 C. 344. Cited. 33 CS 216; 35 CS 136.

Sec. 35-25. Definitions. As used in this chapter, unless the context indicates otherwise: (a) “Commodity” means any goods, merchandise, wares, produce, chose in action, patents, trade marks, land articles of commerce, or any other tangible or intangible property, real, personal, …

Sec. 35-26. Restraint of trade or commerce unlawful. Every contract, combination, or conspiracy in restraint of any part of trade or commerce is unlawful. (1971, P.A. 608, S. 3.) Cited. 169 C. 344. Statute applies to contract entered into prior to effective date of statute if con…

Sec. 35-27. Monopolization or attempt to monopolize unlawful. Every contract, combination, or conspiracy to monopolize, or attempt to monopolize, or monopolization of any part of trade or commerce is unlawful. (1971, P.A. 608, S. 4.) Cited. 169 C. 344; 180 C. 680; 181 C. 655, ove…

Sec. 35-28. Acts unlawful when purpose or effect is restraint of trade or commerce. Without limiting section 35-26, every contract, combination, or conspiracy is unlawful when the same are for the purpose, or have the effect, of: (a) Fixing, controlling, or maintaining prices, ra…

Sec. 35-29. Acts unlawful where effect is substantial lessening of competition or creation of monopoly. Every lease, sale or contract for the furnishing of services or for the sale of commodities, or for the fixing of prices charged therefor, or for the giving or selling of a dis…

Sec. 35-30. Application of chapter. This chapter applies to every contract, combination, or conspiracy in restraint of any part of trade or commerce or every contract, combination or conspiracy to monopolize, or every attempt to monopolize, or every monopolization of any part of …

Sec. 35-31. Exceptions. (a) Nothing contained in this chapter shall be construed to forbid the existence or operation of labor, agricultural, or horticultural organizations instituted for the purpose of mutual help, and not having capital stock and not conducted for profit, or to…

Sec. 35-32. Attorney General to bring actions in the name of state or as parens patriae. (a) The Attorney General, in the name of the state and on behalf of the people of the state, shall enforce the provisions of this chapter. He shall investigate suspected violations and instit…

Sec. 35-32a. Funds received by state re antitrust actions deposited in General Fund. (a) All (1) gifts or grants made to the state for antitrust enforcement purposes, (2) funds awarded to the state or any agency of the state for the recovery of costs and attorney's fees in an ant…

Sec. 35-33. Superior Court jurisdiction. The Superior Court of this state is hereby vested with jurisdiction to prevent and enjoin violations of this chapter. Any action or proceeding brought by the state, or any private party, for violation of the provisions of this chapter shal…

Sec. 35-34. Injunctive relief. The state or any person, including, but not limited to, a consumer, may sue for injunctive relief, both temporary or permanent, against threatened loss or damage to its property or business by any violation of this chapter. In such actions the court…

Sec. 35-35. Treble damages for injury to business or property. The state, or any person, including, but not limited to, a consumer, injured in its business or property by any violation of the provisions of this chapter shall recover treble damages, together with a reasonable atto…

Sec. 35-36. Final judgment in action brought by Attorney General as prima facie evidence. Any final judgment or decree, other than a stipulation or consent decree approved by the Superior Court, rendered in any action or proceeding brought by the Attorney General shall be prima f…

Sec. 35-36a. Proceedings for forfeiture of franchise. Upon the entering of a final judgment or decree, other than a stipulation or consent decree, for violation of this chapter by any corporation or association transacting business in the state, the Attorney General may institute…

Sec. 35-37. Copies of complaints to Attorney General. Any person filing a complaint, counterclaim, or answer, for any violation of the provisions of this chapter shall, simultaneously with the returning of the same to Superior Court, or in the case of pendent state law claims, to…

Sec. 35-38. Civil penalties for violations. In any action instituted by the Attorney General, any individual who has been held to have violated this chapter shall forfeit and pay to the state a civil penalty of not more than one hundred thousand dollars. Any other person who has …

Sec. 35-39. Liability of legal or commercial entity for acts of agents. A corporation, association, firm, partnership, proprietorship, or any other legal or commercial entity is liable under this chapter for the acts of its officers, directors, representatives or agents, acting w…

Sec. 35-40. Limitation of actions. Accrual of cause of action for continuing violation. Any action under sections 35-34 and 35-35, shall be forever barred unless commenced within four years after the cause of action shall have accrued. For the purpose of this section, a cause of …

Sec. 35-41. Suspension of statute of limitations. If any proceeding or action is commenced by the Attorney General for any violation of the provisions of this chapter, the running of the statute of limitations with respect to every cause of action arising under sections 35-34 and…

Sec. 35-42. Investigation of alleged violation. Issuance of subpoenas and written interrogatories. Enforcement of compliance. Cooperation. Service. Confidential material. (a) Whenever the Attorney General, his or her deputy or any assistant attorney general designated by the Atto…

Sec. 35-43. Attachment. No person, including, but not limited to, a consumer, commencing an action under sections 35-34 and 35-35, shall have the right of attachment without first obtaining an order from the superior court in which such action shall be brought. (1971, P.A. 608, S…

Sec. 35-44. Actions and proceedings to be in accordance with civil actions statutes. Unless otherwise set forth in this chapter, all actions or proceedings under the provisions of this chapter shall be according to the statutes of Connecticut pertaining to civil actions. (1971, P…

Sec. 35-44a. Attorney General to bring actions in federal court on behalf of state government, local government, and other political subdivisions. The Attorney General may institute proceedings on behalf of the state, its municipalities, school districts and other political subdi…

Sec. 35-44b. Judicial construction of Connecticut Antitrust Act. It is the intent of the General Assembly that in construing sections 35-24 to 35-46, inclusive, the courts of this state shall be guided by interpretations given by the federal courts to federal antitrust statutes. …

Sec. 35-45. Price discrimination prohibited in commercial transactions. Rebuttal of prima-facie case. (a) No person engaged in commerce, in the course of such commerce, either directly or indirectly, shall discriminate in price between different purchasers of commodities of like …

Sec. 35-46. Joint research and development ventures. Any person, as defined in section 35-25, who is in compliance with the National Cooperative Research Act of 1984, Public Law 98-462, shall be deemed to be in compliance with all provisions of sections 35-24 to 35-45, inclusive,…

Sec. 35-46a. Assertion and proof of certain defenses. In any action brought under subsection (c) of section 35-32 or seeking treble damages under section 35-35, a defendant: (1) May not assert as a defense that the defendant did not deal directly with the person on whose behalf t…

Secs. 35-47 to 35-49. Reserved for future use.