BlackletterCalifornia law

CHAPTER 2. Combinations in Restraint of Trade [16700. - 16770.]

Chapter 2 added by Stats. 1941, Ch. 526.

§§ 16700–16770 · 33 sections

  1. ARTICLE 1. General Provisions §§ 16700–16703 · 4 sections
    • § 16700 The provisions of this chapter are cumulative of each other and of any other provision of law relating to the same subject in effect May 22, 1907.
    • § 16701 Section 24 of this code shall not determine the separability of the provisions of this chapter, one from another. Such separability shall be determined by…
    • § 16702 As used in this chapter “person” or “persons” includes corporations, firms, partnerships and associations existing under or authorized by the laws of this…
    • § 16703 Within the meaning of this chapter, labor, whether skilled or unskilled, is not a commodity.
  2. ARTICLE 2. Prohibited Restraints on Competition §§ 16720–16729 · 10 sections
    • § 16720 A trust is a combination of capital, skill or acts by two or more persons for any of the following purposes: (a) To create or carry out restrictions in trade…
    • § 16721 Recognizing that the California Constitution prohibits a person from being disqualified from entering or pursuing a business, profession, vocation, or…
    • § 16721.5 (a) It is an unlawful trust and an unlawful restraint of trade for a person to do the following: (1) Grant or accept a letter of credit, or other document that…
    • § 16721.6 It is the intent of the Legislature that Sections 16721 and 16721.5 be interpreted and applied so as not to conflict with federal law with respect to…
    • § 16722 Any contract or agreement in violation of this chapter is absolutely void and is not enforceable at law or in equity.
    • § 16725 It is not unlawful to enter into agreements or form associations or combinations, the purpose and effect of which is to promote, encourage or increase…
    • § 16726 Except as provided in this chapter, every trust is unlawful, against public policy and void.
    • § 16727 It shall be unlawful for any person to lease or make a sale or contract for the sale of goods, merchandise, machinery, supplies, commodities for use within the…
    • § 16728 (a) Notwithstanding any other provision of law, motor carriers of property, as defined in Section 34601 of the Vehicle Code, may voluntarily elect to…
    • § 16729 (a) It shall be unlawful for a person to use or distribute a common pricing algorithm as part of a contract, combination in the form of a trust, or conspiracy…
  3. ARTICLE 3. Enforcement §§ 16750–16762 · 18 sections
    • § 16750 (a) Any person who is injured in his or her business or property by reason of anything forbidden or declared unlawful by this chapter, may sue therefor in any…
    • § 16750.1 Any civil action to enforce any cause of action for a violation of this chapter shall be commenced within four years after the cause of action accrued. No…
    • § 16750.2 Any person, other than the Attorney General or a district attorney, who commences, by writ or appeal, any proceeding in the Supreme Court of California or a…
    • § 16751 Whenever it appears to the court before which any proceedings under this chapter are pending that the ends of justice require that other parties shall be…
    • § 16752 Upon a violation of this chapter by any corporation or association the Attorney General or the district attorney of the proper county may institute proper…
    • § 16753 Every foreign corporation or association, exercising any of the powers, franchises or functions of a corporation in this state, which violates this chapter, is…
    • § 16754 The Attorney General, or the district attorney of any county, subject to the notice requirements of subdivision (g) of Section 16750, shall initiate civil…
    • § 16754.5 In any civil action brought by the Attorney General or a district attorney under this chapter, the court may, in addition to granting such prohibitory…
    • § 16755 (a) Any violation of this chapter is a conspiracy against trade, and any person who engages in any such conspiracy or takes part therein, or aids or advises in…
    • § 16755.1 (a) A civil penalty of not more than one million dollars ($1,000,000) shall be assessed and recovered in any civil action brought by the Attorney General or…
    • § 16756 In any indictment, information or complaint for any offense named in this chapter, it is sufficient to state the purpose or effects of the trust or…
    • § 16756.1 Notwithstanding any other law, in a complaint for any violation of this chapter, it is sufficient to contain factual allegations demonstrating that the…
    • § 16757 (a) In prosecutions under this chapter, it is sufficient to prove that a trust or combination exists, and that the defendant belonged to it, or acted for or in…
    • § 16758 In any action or proceeding brought by the Attorney General or any district attorney for the violation of this chapter no person shall be excused from…
    • § 16759 (a) All those powers granted to the Attorney General as a head of a department under Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of…
    • § 16760 (a) (1) The Attorney General may bring a civil action in the name of the people of the State of California, as parens patriae on behalf of natural persons…
    • § 16761 The court may award, pursuant to a motion by a person who has recovered damages pursuant to Section 16750, or by the Attorney General who has secured monetary…
    • § 16762 Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available…
  4. ARTICLE 4. Health Care Services § 16770 · 1 section
    • § 16770 (a) It is the intent of the Legislature to ensure that the citizens of this state receive high-quality health care coverage in the most efficient and…