2015 Oregon Revised Statutes
Volume : 14 - Trade Practices, Labor and Employment
Chapter 646 - Trade Practices and Antitrust Regulation
Section 646.736 - Public policy; certain cooperative activities not unlawful.

(1) It is the public policy of the State of Oregon to encourage the efficient production and distribution of agricultural, seafood and other products derived from natural resources or labor resources of this state. Accordingly, a cooperative that operates in compliance with the provisions of ORS chapter 62 and that does not during its fiscal year market products for nonmember patrons in an amount greater in value than the products marketed for its members may not be deemed to be a conspiracy or combination in restraint of trade, or an illegal monopoly; nor shall the contracts of such cooperative authorized by ORS chapter 62, whether or not required by the cooperative as a condition of membership or of doing business with the cooperative, be construed as an unlawful restraint of trade, or as part of a conspiracy or combination to accomplish an improper or illegal purpose or act.

(2) A negotiating committee of dealers, as defined in ORS 646.515 (3), that operates in compliance with the provisions of ORS 646.737, 646.738 or 646.739 may not be deemed to be engaged in unlawful restraint of trade or to be participants in a conspiracy or combination to accomplish an improper or illegal purpose or act when the negotiating committee negotiates with a cooperative:

(a) The price for which the members of the cooperative will sell agricultural products to be produced by the members;

(b) The season starting price for which the members of the cooperative will sell seafood to be harvested by the members;

(c) The price to be paid for the services of producing agricultural products by the members or under the control of the members; or

(d) The season starting price for the services of harvesting seafood products by the members or under control of the members.

[Formerly 62.845]

Note: 646.736 to 646.739 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 646 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.