Alaska Antitrust Laws

In the context of business and commerce, a "trust" is a large corporation or other entity whose tactics or basic makeup are designed to unfairly restrict competition. A trust also may be formed by a combination of such entities or a deal among two or more.

Both federal and state antitrust laws are more focused on preventing the formation of trusts in the first place by closely scrutinizing any large mergers or acquisitions. While the Federal Trade Commission (FTC) tends to monitor and regulate publicly traded corporations and businesses that span state boundaries, state courts are mostly concerned with smaller entities.

Alaska Antitrust Law at a Glance

Details of Alaska's antitrust law, including the specific acts which are considered violations, are listed in the following chart.

Antitrust Code Section 45.50.562 to 596
Types of Antitrust Activities Identified by Statute
  • Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce is unlawful.
  • It is unlawful for a person to monopolize, or attempt to monopolize, or combine or conspire with another person to monopolize any part of trade or commerce.
  • It is unlawful to offer goods or services on the condition that the customer not purchase similar goods or services from a competitor.
  • It is unlawful for a person to acquire and hold the assets of any corporation if the effect of the acquisition and holding may be substantially to lessen competition or to tend to create a monopoly in any line of commerce in the state or in a section of the state.
  • It is unlawful for a person to be at the same time a director, officer, partner, or trustee in any two or more organizations (or combinations) engaged in commerce, if these organizations are by virtue of their business and location or operation, competitors and if the effect may be substantially to lessen competition or tend to create a monopoly.
Is a Private Lawsuit Possible? Yes; attorney general may also be able to bring an action 45.50.580, 45.50.5+6
Time Limit to Bring Claim 4 yrs., 45.50.588
Can a Successful Plaintiff Recover Attorneys' Fees? Yes; restoration, injunction, treble damages, costs of suit; misdemeanor, civil penalty not more than $20,000 or 12 mos. prison, 45-50.576(a)

Note: State laws change regularly, usually through the enactment of new legislation but sometimes through the rulings from higer courts or other actions. You should contact an Alaska consumer law attorney or conduct your own legal research to verify the state law(s) you are researching.

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