Chapter 646 — Chapter 646

ORS 646.010 Designation and scope of ORS 646.010 to 646.180. ORS 646.010 to 646.180 shall be known and designated as the Anti-price Discrimination Law; and the inhibitions against discrimination in those sections shall embrace any scheme of special concessions or rebates, any collateral contracts or agreements or any device of any nature whereby discrimination is, in substance or fact, effected in violation of the spirit and intent of ORS 646.010 to 646.180

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ORS 646.020 Definitions and explanations. (1) When used in ORS 646.010 to 646.180, unless the context otherwise requires

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ORS 646.030 Application to cooperative associations. ORS 646.010 to 646.180 shall not prevent a cooperative association from returning to its members, producers or consumers the whole, or any part of, the net earnings or surplus resulting from its trading operations, in proportion to their purchases or sales from, to or through the association

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ORS 646.040 Price discrimination prohibited; price differentials. (1) It is unlawful for any person engaged in commerce or food commerce, or both, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities, or services or output of a service trade, of like grade and quality or to discriminate in price between different sections, communities or cities or portions thereof or between different locations in sections, communities, cities or portions thereof in this state, where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them

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ORS 646.050 Establishing prima facie case of discrimination; justification of discrimination. Upon proof being made, in any suit or other proceeding in which any violation of ORS 646.010 to 646.180 is at issue, that there has been discrimination in price, or in services or facilities furnished, or in payment for services or facilities rendered or to be rendered, the burden of rebutting the prima facie case thus made by showing justification is upon the person charged with the violation; but this section does not prevent a seller rebutting the prima facie case so made by showing that the lower price of the seller, or the payment for or furnishing of services or facilities to any purchaser or purchasers was made in good faith to meet an equally low price of a competitor or the services or facilities furnished by a competitor

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ORS 646.060 Commissions and allowances. No person engaged in commerce or food commerce, or both, in the course of such commerce, shall pay, grant, receive or accept anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares, service, or output of a service trade, or merchandise. In all such transactions of sale and purchase, neither party to the transaction shall pay or grant anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, to the other party to the transaction or to any agent, representative or other intermediary therein, where such agent, representative or other intermediary is acting for or in behalf of or is subject to the direct or indirect control of the other party to the transaction

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ORS 646.070 Special payments to customers. No person engaged in commerce or food commerce, or both, in the course of such commerce, shall pay or contract for the payment of anything of value to or for the benefit of a customer of such person in the course of such commerce as compensation or in consideration for any services or facilities furnished by or through such customer in connection with the processing, handling, sale or offering for sale of any products or commodities manufactured, service or output of a service trade, sold or offered for sale by such person, unless such payment or consideration is available on proportionally equal terms to all other customers competing in the distribution of such products or commodities, or service, or output of service trades

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ORS 646.080 Special services to customers. No person engaged in commerce or food commerce, or both, in the course of such commerce, shall discriminate in favor of one purchaser against another purchaser or purchasers of a commodity, or service, or output of a service trade, bought for resale, with or without processing, by contracting to furnish or furnishing, or by contributing to the furnishing of any services or facilities connected with the processing, handling, sale or offering for sale of such commodity, or service, or output of a service trade, purchased upon terms not accorded to all purchasers on proportionally equal terms

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ORS 646.090 Inducing or receiving price discrimination prohibited. No person engaged in commerce or food commerce, or both, in the course of such commerce, shall knowingly induce or receive a discrimination in price which is prohibited by ORS 646.040 to 646.080

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ORS 646.100 [Amended by 1963 s.s. c.2 §3; repealed by 1975 c.255 §17]

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ORS 646.105 [1963 s.s. c.2 §2; repealed by 1975 c.255 §17]

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ORS 646.110 [Repealed by 1975 c.255 §17]

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ORS 646.120 [Repealed by 1975 c.255 §17]

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ORS 646.130 Cost surveys as evidence. Where a particular trade or industry, of which the person, firm or corporation complained against is a member, has an established cost survey for the locality and vicinity in which the offense is committed, such cost survey is competent evidence to be used in proving the costs of the person, firm or corporation complained against within the provisions of ORS 646.010 to 646.180

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ORS 646.140 Enjoining violations; treble damages; attorney fees; limitation on commencement of actions. (1) Any person injured by any violation, or who will suffer injury from any threatened violation, of ORS 646.010 to 646.180 may maintain an action in any court of general equitable jurisdiction of this state, to prevent, restrain or enjoin the violation or threatened violation. If in such action, a violation or threatened violation of ORS 646.010 to 646.180 is established, the court shall enjoin and restrain or otherwise prohibit such violation or threatened violation, and the plaintiff in the action is entitled to recover three-fold the damages sustained by the plaintiff. Except as provided in subsection (2) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section

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ORS 646.150 Action for damages. If no injunctive relief is sought or required, any person injured by any violation of ORS 646.010 to 646.180 may maintain an action for damages alone in any court of general jurisdiction in this state. The measure of damages in such action shall be the same as that prescribed by ORS 646.140

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ORS 646.160 Presumption of damages. In any proceedings instituted or action brought in pursuance of the provisions of ORS 646.140 or 646.150, the plaintiff, upon proof that the plaintiff has been unlawfully discriminated against by the defendant, shall conclusively be presumed to have sustained damages equal to the monetary amount or equivalent of the unlawful discrimination; and, in addition thereto, may establish such further damages, if any, as the plaintiff may have sustained as a result of the discrimination

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ORS 646.170 Requiring defendant to testify. Any defendant in an action brought under the provisions of ORS 646.140 to 646.160 may be required to testify under the provisions of ORCP 65 or by deposition. In addition, the books and records of any such defendant may be brought into court and introduced, by reference, into evidence. No information so obtained may be used against the defendant as a basis for a criminal prosecution under ORS 646.990 (1). [Amended by 1979 c.284 §184; 1981 c.898 §52]

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ORS 646.180 Illegal contracts. Any contract, express or implied, made by any person in violation of any of the provisions of ORS 646.010 to 646.180 is an illegal contract and no recovery thereon shall be had

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ORS 646.185 [Formerly 646.200; 2001 c.639 §1; renumbered 646A.010 in 2007]

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ORS 646.187 [1999 c.194 §3; renumbered 646A.012 in 2007]

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ORS 646.189 [1999 c.194 §4; 2001 c.639 §2; 2003 c.576 §528; renumbered 646A.014 in 2007]

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ORS 646.191 [1999 c.194 §5; renumbered 646A.016 in 2007]

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ORS 646.193 [1999 c.194 §6; renumbered 646A.018 in 2007]

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ORS 646.195 [1999 c.194 §7; renumbered 646A.020 in 2007]

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ORS 646.200 [1989 c.273 §1; 1993 c.645 §§1,1a; 1995 c.713 §1; 1995 c.759 §1; 1997 c.132 §5; 1997 c.631 §507; 1999 c.194 §1; renumbered 646.185 in 1999]

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ORS 646.202 [1989 c.273 §2; 1993 c.645 §2; 1995 c.713 §7; repealed by 1997 c.132 §8]

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ORS 646.203 [1997 c.132 §1; repealed by 1999 c.194 §13]

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ORS 646.204 [1989 c.273 §3; 1993 c.645 §§3,3a; 1995 c.79 §327; 1995 c.713 §2; repealed by 1997 c.132 §8]

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ORS 646.205 [1997 c.132 §2; repealed by 1999 c.194 §13]

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ORS 646.206 [1989 c.273 §4; 1995 c.713 §8; repealed by 1997 c.132 §8]

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ORS 646.207 [1997 c.132 §3; repealed by 1999 c.194 §13]

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ORS 646.208 [1989 c.273 §5; 1995 c.713 §3; repealed by 1997 c.132 §8]

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ORS 646.209 [1997 c.132 §4; repealed by 1999 c.194 §13]

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ORS 646.210 [Repealed by 1971 c.744 §27]

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ORS 646.212 [1989 c.273 §6; 1993 c.645 §4; 1995 c.713 §4; repealed by 1997 c.132 §8]

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ORS 646.214 [1993 c.645 §6; 1995 c.713 §9; repealed by 1997 c.132 §8]

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ORS 646.216 [1993 c.645 §§7,7a; 1995 c.713 §5; repealed by 1997 c.132 §8]

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ORS 646.217 [1995 c.713 §11; repealed by 1997 c.132 §8]

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ORS 646.218 [1993 c.645 §§8,9; repealed by 1997 c.132 §8]

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ORS 646.220 [Repealed by 1971 c.744 §27]

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ORS 646.221 [1991 c.465 §1; renumbered 646A.340 in 2007]

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ORS 646.225 [1991 c.465 §2; renumbered 646A.342 in 2007]

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ORS 646.229 [1991 c.465 §3; 2005 c.384 §1; renumbered 646A.344 in 2007]

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ORS 646.230 [Repealed by 1971 c.744 §27]

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ORS 646.235 [1991 c.465 §4; renumbered 646A.346 in 2007]

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ORS 646.240 [1991 c.465 §5; 1995 c.696 §34; 2005 c.384 §2; renumbered 646A.348 in 2007]

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ORS 646.245 [1993 c.283 §1; renumbered 646A.120 in 2007]

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ORS 646.247 [1993 c.283 §2; renumbered 646A.122 in 2007]

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ORS 646.249 [1993 c.283 §3; renumbered 646A.124 in 2007]

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