SLS 12RS-795 ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 423
BY SENATOR CLAITOR
COMMERCIAL REGULATIONS. Exempts officers and employees of an entity acting on
behalf of the same entity from conspiracy in restraint of trade or commerce. (8/1/12)
AN ACT1
To enact R.S. 51:122(D), relative to contracts, combinations, and conspiracies in restraint2
of trade or commerce; to exempt officers and employees acting on behalf of the same3
entity from such provisions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 51:122(D) is hereby enacted to read as follows: 6
ยง122. Contracts, combinations and conspiracies in restraint of trade illegal; penalty7
* * *8
D. For purpose of this Title, an officer or employee of a legal entity is not9
capable of conspiring with another officer or employee of the entity when they10
are acting on behalf of the entity.11
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Present law provides that every contract, combination in the form of trust or otherwise, or
conspiracy, in restraint of trade or commerce in this state is illegal.
Present law provides that whoever violates present law shall be fined not more than $5,000,
or imprisoned, with or without hard labor, not more than three years, or both. SB NO. 423
SLS 12RS-795 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law provides that a parent corporation, limited liability company, partnership, or
partnership-in-commendam is not capable of conspiring with any subsidiary that it controls,
and each such controlled subsidiary is not capable of conspiring with any other wholly
owned subsidiary controlled by the same common parent.
Proposed law provides that an officer or employee of a legal entity is not capable of
conspiring with another officer or employee of the entity when they are acting on behalf of
the entity. Otherwise retains present law.
Effective August 1, 2012.
(Adds R.S. 51:122(D))