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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1810 By: Jett
AS INTRODUCED
An Act relating to the Oklahoma Antitrust Reform Act;
amending 79 O.S. 2021, Sections 20 5, 207, and 210,
which relate to actions brought b y injured persons
and Attorney General, witness subpoenas, and civil
investigative demand; authorizing district attorney s
to bring certain actions; providing exception;
authorizing district at torney to make certain
application; authorizing district attorney to take
certain evidence; authorizing district attorney to
prosecute certain violations; modifying definitions;
authorizing district attorney to obtain certain
discovery; modifying procedures for certain
compliance; updating statutory references; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 79 O.S. 2021, Section 205, is
amended to read as follows:
Section 205. A. 1. Any person who i s injured in his or her
business or property by a violation of this act Section 201 et seq.
of this title, may obtain appropriate injunctive or other equitable
relief and monetary damages and shall recover threefold the damage s
sustained, and the cost of suit , including a reasonable attorney
fee. The Attorney General may bring an action in the name of the
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state, as parens patriae on behalf of natural persons residing in
the state for appropriate injunctive or other equitable r elief and
to secure monetary damages for injury su stained by such natural
persons to their business or property by reason of any violation of
this act Section 201 et seq. of this title . A district attorney may
bring an action in the name of the state, as parens patriae on
behalf of natural persons residi ng in the district of the district
attorney for appropriate injunctive or other equitable relief and to
secure monetary damages for injury sustained by such natural persons
to their business or property by reason of any violation of th e
Oklahoma Antitrust Reform Act, except to the extent to which the
Attorney General has brought an action under the same theory of
relief. The court shall exclude from the amount of the monetary
damages awarded in such action any amount of monetary damages:
a. which duplicates amounts which have been awarded for
the same injury, or
b. which is properly allocable to:
(1) natural persons who have excluded their claims,
and
(2) any other persons.
The court shall award the state as parens patriae threefold the
total damages sustai ned and the cost of suit , including a reasonable
attorney fee. Whenever the state is hereafter injured in its
business or property by anything forbidden in this act Section 201
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et seq. of this title , it may obtain appropriate injunctive or other
equitable relief and monetary damages therefor and shall recover
actual damages by it sustained an d the cost of suit including a
reasonable attorney fee. The court may award under this section,
pursuant to a motion by such person or the state, simple interest on
actual damages for the period beginning on the date of service of
such person’s or the state’s pleading setting forth a claim under
this act Section 201 et seq. of this title and ending on the date of
judgment, or for any shorter period therein, if the cour t finds that
the award of such interest for such period is just in the
circumstances. The Attorney General may bring an ac tion on behalf
of either the state or a political subdivision of the state when
either is injured in its business or property by anyt hing forbidden
by the provisions of this act Section 201 et seq. of this title .
2. In any civil action brought by the Attorney General or
district attorney as parens patriae, the Attorney General or
district attorney shall, at such times, in such manner, and with
such content as the court may direct, cause notice thereof to be
given by publication. Any person on whose behalf an action is
brought may elect to exclude from adju dication the portion of the
claim for monetary damages attributable to him or her by filing
notice of this election with the court within the time specified in
the notice given pursuant to this paragraph.
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3. In a civil action brought by the Attorney Gener al or
district attorney as parens patriae, the final judgment shall be res
judicata as to any claim under this section by any person on behalf
of whom the action was brought and who fails to give notice within
the period specified in the notice given pursu ant to paragraph 2 of
this subsection.
B. Any person or governmental entity who or which obtains a
judgment for damages under 15 U.S.C., Section 15 or any other
provision of federal law comparable to this section may not recover
damages in a suit under th is section based on substantially the same
conduct that was the subject of the fe deral suit.
C. Any action to recover damages under this section is barred
unless commenced within four (4) years after the claim accrued or
was discovered, whichever is later .
SECTION 2. AMENDATORY 79 O.S. 2021, Section 207, is
amended to read as follows:
Section 207. It shall be the duty of the court before whom any
proceeding under this act, the Oklahoma Antitrust Reform Act may be
brought, upon the application of the Attorney G eneral or district
attorney, to cause to be issued by the clerk of the court subpoenas
for witnesses as may be named in the application, and cause the same
to be served by the sherif f of the county where the subpoena is
issued; and the witnesses shall be c ompelled to appear before the
court or judge, at t he time and place set forth in the subpoena, and
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shall be compelled to testify as to any knowledge they may have of
the violations of any of the provisions of this act Section 201 et
seq. of this title; and any witness who fails or refuses to attend
and testify shall be punished as for contempt, as provided by law.
The evidence of all the witnesse s shall, at the option of the
Attorney General or district attorney , be taken down and shall be
transcribed and placed in the hands of the Attorney G eneral or
district attorney, and the Attorney General or district attorney
shall be authorized to prosecute a violator or violators of this act
Section 201 et seq. of this title. Witnesses subpoenaed as provided
in this section shall be compelled to attend proceedings from any
county in the state.
SECTION 3. AMENDATORY 79 O.S. 2021, Section 210, is
amended to read as follows:
Section 210. A. As used in this section:
1. “Antitrust investigati on” and “investigation” mean any
inquiry conducted by the Attorney Gene ral or district attorney for
the purpose of ascertaining whether any person is or has been
engaged in or is actively preparing to engage in activities which
may constitute an antitrust violation;
2. “Antitrust violation” means any act or omission in violation
of any of the prohibitions contained in this act Section 201 et seq.
of this title or in violation of any of the antitrust laws set forth
in 15 U.S.C., Section 12(a);
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3. “Civil investigative demand” and “demand” mean any demand
issued by the Attorney Ge neral or district attorney under subsection
B of this section and consistent with the discovery methods set
forth in subsection A of Section 3226 of Title 12 of the Oklahoma
Statutes; and
4. “Person” means a natural person, proprie torship,
partnership, corporation, limited liability co mpany, municipal
corporation, public trust, association, or any other public or
private entity, however organized, and includes any person acting
under color or authority of state law.
B. Whenever the Attorney General or district attorney has
reason to believe that any person may be in possess ion, custody, or
control of any information, documentary material, or physical
evidence relevant to a civil anti trust investigation, the Attorney
General or district attorney may, prior to the institution of a
civil proceeding, obtain discovery by issuing in writing and servin g
upon the person a civil investigative demand requiring the person to
produce the informat ion, documentary material, or physical evidence
for inspection and copying , to permit entry upon land or other
property, to answer in writing written interrogatories , to give oral
testimony, or to provide any combination of the above.
1. Each demand shall describe the nature of the activities that
are the subject of the investi gation and shall set forth each
statute and section of that statute that may have been or m ay be
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violated as a result of the activities. Each demand shall advise
the person upon whom the demand is to be served that the person has
the right to object to th e demand as provided for in thi s section;
2. Each demand for production of documentary mat erial and for
answers to written interrogatories shall prescribe a reasonable
return date or dates by which the material shall be produced an d the
answers to interrogatories shall be submitted; and
3. Each demand for the giving of oral testimony shall prescri be
a reasonable date, time, and place at which the testimony shall
begin.
C. 1. A demand issued under subsection B of this section may
require compliance only if t he material or information sought would
be discoverable under the Oklahoma Discovery Code, and only in the
manner prescribed in the applicable provisions therein.
2. A demand under subsection B of this section may not be
issued upon the Oklahoma Tax Commi ssion for records or files which
are considered confidential and privileged under Section 2 05 of
Title 68 of the Oklahoma Statutes.
D. At any time before the return date specifi ed in a demand or
within twenty (20) days after th e demand has been served, wh ichever
period is shorter, the person who has been served and, in the case
of a demand for a product of discovery, the person from whom the
discovery is sought, may file a petiti on for an order modifying or
setting aside the dem and in the district court in the county of the
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person’s residence or principal office or place of business. Any
such petition shall specify each ground upon which the petitioner
relies in seeking the relie f sought. The petition may be based upon
any failure of such demand to comply with the provisions of thi s
section or upon any constitutional or other legal right or pri vilege
of the petitioner. The petitioner shall serve a copy of the
petition upon the Attorney General or district attorney . The
Attorney General or district attorney may submit an answer to the
petition. In ruling on the petition, the court shall presume absent
evidence to the contrary that the Attorney General or district
attorney issued the demand in good faith and within the scope of his
or her authority. The t ime for compliance with the demand in whole
or in part shall not run during the pendency of any petition filed
under this subsection; provided, however, t hat the petitioner shall
comply, with any portions of the demand not sough t to be modified or
set aside.
E. A person on whom a d emand is served shall comply with the
terms of the demand unless otherwise provided by court order.
F. 1. Whenever any person fails to comply with an y demand duly
served on that person under this sec tion, the Attorney General or
district attorney may file in the district court in the county in
which the person resides, is found, or transacts business and serve
on the person a petition for an order o f the court for enforcement
of this section. If the person transacts business in more than one
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county, the petition shall be filed in the county of the person ’s
principal office or place of business in the state or in any other
county as may be agreed upo n by the person and the Attorney General
or district attorney.
2. Any person, who, with intent to avoid, ev ade, or prevent
compliance in whole or part with a demand issued under this section,
removes from any place, conceals, withholds, destroys, mutilates,
alters, or by any other means falsifies any docume ntary material or
otherwise provides inaccurate informa tion is guilty of a misdemeanor
and, upon conviction, shall be punished by a fine of not more than
Five Thousand Dollars ($5,000.00) or by confinement in the county
jail for not more than one (1) year or by both such fine and
imprisonment.
G. 1. Not later than fifteen (15) days prior to disclosing
under this subsection any documentary material or answers to written
interrogatories designated as contain ing trade secrets or
confidential information, the Attorney General or district attorney
shall notify the person who produced the material of the Attorney
General’s or district attorney ’s intent to make the disclosure.
After providing such notification, t he Attorney General or district
attorney may petition a district court in any county of this state
in which the person resides, does business, or maintains its
principal office for an order authorizing disclosure of the trade
secrets or confidential inform ation. After notice and hearing, if
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so ordered, the Attorney General or district attorney may disclose
the trade secrets or confidential information.
2. Upon written request, the Attorney General or district
attorney shall return documentary material pro duced under this
section in connection with an ant itrust investigation to the person
who produced it when ever:
a. any case or proceeding before any court arising out of
the investigation has been completed, or
b. the Attorney General or district attorney has decided
after completing an examination and ana lysis of the
material not to institute any case or proc eeding
before a court in connection with the investigation.
H. Whenever any petition is filed in the district court as
provided for in this section, t he court shall have jurisdiction to
hear and determine the matter presented an d to enter any order or
orders required to implement the provisions of this section. Any
final order shall be subject to appeal. Failure to comply with any
final order entered by a court under this section is punishable by
the court as contempt.
SECTION 4. This act shall become effective November 1, 2022.
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