SLS 12RS-795 ENGROSSED
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. Provides relative to officers and employees of an entity
and 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 the purposes of Part IV of Chapter 1 of Title 51 of the Louisiana9
Revised Statutes of 1950 only, an officer or employee of a legal entity is not10
capable of conspiring with the legal entity or with another officer or employee11
of the legal entity when they are acting on behalf of the entity.12
The original instrument was prepared by Jerry J. Guillot. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jerry G. Jones.
DIGEST
Claitor (SB 423)
Present law provides that every contract, combination in the form of trust or otherwise, or SB NO. 423
SLS 12RS-795 ENGROSSED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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.
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 for the purposes of the present law, an officer or employee of a
legal entity is not capable of conspiring with the legal entity or with another officer or
employee of the legal entity when they are acting on behalf of the entity.
Effective August 1, 2012.
(Adds R.S. 51:122(D))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Revised language.