REPORT TITLE:
Unfair competition; actions


DESCRIPTION:
Clarifies that a private person may bring an unfair competition
action.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2437
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ANTITRUST.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 480-2, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§480-2 Unfair competition, practices, declared unlawful.
 
 4 (a)  Unfair methods of competition and unfair or deceptive acts
 
 5 or practices in the conduct of any trade or commerce are
 
 6 unlawful.
 
 7      (b)  In construing this section, the courts and the office
 
 8 of consumer protection shall give due consideration to the rules,
 
 9 regulations, and decisions of the Federal Trade Commission and
 
10 the federal courts interpreting section 5(a)(1) of the Federal
 
11 Trade Commission Act (15 U.S.C. 45(a)(1)), as from time to time
 
12 amended.
 
13      (c)  No showing that the proceeding or suit would be in the
 
14 public interest (as these terms are interpreted under section
 
15 5(b) of the Federal Trade Commission Act) is necessary in any
 
16 action brought under this section.
 
17      (d)  No person other than a consumer, the attorney general
 
18 or the director of the office of consumer protection may bring an
 
19 action based upon unfair or deceptive acts or practices declared
 
20 unlawful by this section.
 

 
Page 2                                                     
                                     S.B. NO.           2437
                                                        
                                                        

 
 1      (e)  Any person may bring an action based upon unfair
 
 2 methods of competition declared unlawful by this section."
 
 3      SECTION 2.  New statutory material is underscored.
 
 4      SECTION 3.  This Act shall take effect upon its approval.
 
 5 
 
 6                       INTRODUCED BY:  ___________________________