Okla. Stat. tit. 79, § 79-208 — OK Code / Title 79 / Section 79-208
Acquisition of stock or assets of competitor
Status: in_force

No person engaged in trade or commerce in this state shall

acquire, in any manner whatever, the stock or the whole or any part

of the assets of any competing person engaged in the same or similar

line of trade or commerce, in or out of this state, where, in any

relevant market in this state or in any line of trade or commerce in

this state, the effect of the acquisition is to substantially lessen

competition or to tend to create a monopoly; provided, however, that

this section shall have no application to corporations owning or

holding the stock of subsidiary corporations when the ownership of

stock in subsidiary corporations does not violate Section 3 of this

act.
Okla. Stat. tit. 79, § 79-102 — OK Code / Title 79 / Section 79-102
Penalties - Actions - Discovery and evidence
Status: in_force

In case any bridge or other contractor or other person,

partnership, corporation or association subject to the provisions of

Oklahoma Statutes - Title 79. Trusts and Pools Page 3

this article shall do or cause to be done any act, matter or thing

herein prohibited or declared to be unlawful, or shall omit to do

any act, matter or thing herein required to be done, such bridge or

other contractor or other person, corporation or association shall

be liable to the state, municipality or person injured thereby to

three times the amount of the damages sustained in consequence of

any such violation, together with a reasonable counsel or attorney's

fee, to be fixed by the court in every case of recovery, which

attorney's fee shall be taxed and collected as a part of the costs

in the case: And in any such action brought for recovery of

damages, the court before whom the same shall be pending may compel

any bridge or other contractor, partnership, corporation or

association subject to the provisions of this article, or any

director, officer, receiver, trustee, agent, employee or clerk of

them, or either of them, defendant in said suit to appear and

testify in such case, and may compel the production of books and

papers of such bridge contractor, person, partnership, corporation

or association party to said suit, no such testimony or evidence

shall be used against such person in the trial of any criminal

proceedings, nor shall any person so testifying be prosecuted in any

criminal proceedings for or on account of any act disclosed or

divulged by his testimony.

R.L. 1910, § 8243; Laws 1919, c. 238, p. 337, § 2.
Okla. Stat. tit. 79, § 79-101 — OK Code / Title 79 / Section 79-101
Nature of prohibited agreements
Status: in_force

It shall be unlawful and deemed a Class D1 felony offense for

any bridge or other contractor, partnership, corporation or

association of bridge or other contractors for the construction of

any bridge or bridges or of any road or public highway to be

constructed under any law of this state, or any other person or

persons to enter into an agreement, contract or combination with any

other bridge or other contractor, partnership, corporation or

association or bridge or public highway contractors or any other

person for the pooling of prices of different competing contractors

or to divide between them the aggregate or net proceeds of the

earnings of such contractors or any portion thereof, or for fixing

the price which any contractor, partnership, corporation or

association of bridge or other contractors or any other person shall

bid or charge for the building of bridges or furnishing material

therefor or the repair of the same or the construction or repair of

any public highway, or any part of any public highway to be

constructed under any law of this state or to divide between them

the aggregate or net proceeds of the earnings of such contractors or

any portion thereof, or for fixing the price which any contractor,

partnership, company or corporation or association shall bid or

charge for the building of bridges or the furnishing of material

therefor, or the construction of any highway or any part thereof, or

the furnishing of material therefor, or for the allotment of any

territory which any other bridge or other contractor, corporation or

association shall have for its or his exclusive territory.

R.L. 1910, § 8242; Laws 1919, c. 238, p. 337, § 1. Amended by Laws

2025, c. 486, § 585, eff. Jan. 1, 2026.
Okla. Stat. tit. 79, § 79-207 — OK Code / Title 79 / Section 79-207
Subpoenas for witnesses
Status: in_force

It shall be the duty of the court before whom any proceeding

under this act, may be brought, upon the application of the Attorney

General, 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 sheriff of the county where the subpoena is

issued; and the witnesses shall be compelled to appear before the

court or judge, at the time and place set forth in the subpoena, and

shall be compelled to testify as to any knowledge they may have of

the violations of any of the provisions of this act; 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 witnesses

shall, at the option of the Attorney General, be taken down and

shall be transcribed and placed in the hands of the Attorney

General, and the Attorney General shall be authorized to prosecute a

violator or violators of this act. Witnesses subpoenaed as provided

in this section shall be compelled to attend proceedings from any

county in the state.
Okla. Stat. tit. 79, § 79-209 — OK Code / Title 79 / Section 79-209
Remedies cumulative
Status: in_force

The remedies provided by this act shall be cumulative to all

other remedies at law or in equity.
Okla. Stat. tit. 79, § 79-204 — OK Code / Title 79 / Section 79-204
Unlawful discrimination in price between different
Status: in_force

purchasers of commodities.

It shall be unlawful and shall be deemed a Class C2 felony

offense for any person engaged in commerce, in the course of such

commerce, either directly or indirectly, to discriminate in price

between different purchasers of commodities of like grade and

quality, where either or any of the purchases involved in such

discrimination are in commerce, where such commodities are sold for

use, consumption, or resale within this state, and where the effect

of such discrimination may be substantially to lessen competition or

tend to create a monopoly in any line of commerce, or to injure,

destroy, or prevent competition with any person who either grants or

knowingly receives the benefit of such discrimination, or with

customers of either of them; provided, that nothing herein contained

shall prevent differentials which make only due allowance for

differences in the cost of manufacture, sale, or delivery resulting

from the differing methods or quantities in which such commodities

are to such purchasers sold or delivered; provided further, that

nothing herein contained shall prevent persons engaged in selling

commodities, wares, or merchandise in commerce from selecting their

Oklahoma Statutes - Title 79. Trusts and Pools Page 6

own customers in bona fide transactions and not in restraint of

trade; provided further, that nothing herein contained shall prevent

price changes from time to time where in response to changing

conditions affecting the market for or the marketability of the

commodities concerned, including, but not limited to, actual or

imminent deterioration of perishable commodities, obsolescence of

seasonal commodities, distress sales under court process, or sales

in good faith in discontinuance of business in the commodities

concerned. Nothing herein contained shall prevent a seller

rebutting the prima facie case thus made by showing that his or her

lower price to any purchaser or purchasers was made in good faith to

meet an equally low price of a competitor.
Okla. Stat. tit. 79, § 79-212 — OK Code / Title 79 / Section 79-212
Interpretation of act consistent with federal law
Status: in_force

The provisions of this act shall be interpreted in a manner

consistent with Federal Antitrust Law 15 U.S.C., Section 1 et seq.

and the case law applicable thereto.
Okla. Stat. tit. 79, § 79-202 — OK Code / Title 79 / Section 79-202
Definitions
Status: in_force

As used in this act:

1. "Attorney General" means the Attorney General of Oklahoma;

2. "Commodity" means any tangible personal property, article,

or good;

3. "Person" means a natural person, corporation, partnership,

limited liability company, proprietorship, association, municipal

corporation, including any public trust which has a municipal

corporation as its beneficiary, or other political subdivision of

this state, including any public trust which has a political

subdivision as its beneficiary, or any other legal entity, but does

not include the State of Oklahoma, its departments, and its

administrative agencies, except the Grand River Dam Authority and

the Oklahoma Municipal Power Authority to the extent that their

goods or services are not regulated by the Oklahoma Corporation

Commission; and

4. "Services" means any work or labor, including, but not

limited to, work or labor furnished in connection with the sale,

lease, or repair of commodities.
Okla. Stat. tit. 79, § 79-203 — OK Code / Title 79 / Section 79-203
Trust in restraint of trade - Monopoly of trade - Refusal
Status: in_force

of access to essential facility - Actions by competitors.

A. Every act, agreement, contract, or combination in the form

of a trust, or otherwise, or conspiracy in restraint of trade or

commerce within this state is hereby declared to be against public

policy and illegal.

B. It is unlawful and shall be deemed a Class C2 felony offense

for any person to monopolize, attempt to monopolize, or conspire to

monopolize any part of trade or commerce in a relevant market within

this state.

C. Without limiting any other section of Title 79 of the

Oklahoma Statutes or applicable sections of Title 17 of the Oklahoma

Statutes, it is unlawful for any person in control of an essential

facility to unreasonably refuse to give a competitor or customer of

an entity controlling an essential facility access to it upon

reasonable terms if the effect of such denial is to injure

competition. An injured competitor or customer may bring an action

under Section 5 of this act to enforce the provisions of this

Oklahoma Statutes - Title 79. Trusts and Pools Page 5

section only when such injured competitor or customer does not have

a remedy before the Corporation Commission.

D. As used in this section:

1. "Monopolize" means:

a. the possession of monopoly power in the relevant

market, and

b. the willful acquisition or maintenance of that power

by exclusionary conduct as distinguished from growth

or development as a consequence of a superior product

and/or service, business acumen, or historic accident;

2. "Monopoly power" means the power to control market prices or

exclude competition; and

3. "Essential facility" means a facility:

a. which is controlled by an entity that possesses

monopoly power,

b. that a competitor would be unable to practically or

reasonably duplicate,

c. the use of which has been unreasonably denied to a

competitor or a customer of the entity that possesses

monopoly power, and

d. that it would be feasible to allow the competitor or

customer to use or have access to without causing harm

to or unreasonably interfering with the entity that

possesses monopoly power.
Okla. Stat. tit. 79, § 79-210 — OK Code / Title 79 / Section 79-210
Civil investigative demand - Petition for order modifying
Status: in_force

or setting aside demand - Petition for enforcement - Penalty -

Notice of disclosure.

A. As used in this section:

Oklahoma Statutes - Title 79. Trusts and Pools Page 9

1. "Antitrust investigation" and "investigation" mean any

inquiry conducted by the Attorney General 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 or in violation of

any of the antitrust laws set forth in 15 U.S.C., Section 12(a);

3. "Civil investigative demand" and "demand" mean any demand

issued by the Attorney General 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, proprietorship,

partnership, corporation, limited liability company, 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 has reason to believe that any

person may be in possession, custody, or control of any information,

documentary material, or physical evidence relevant to a civil

antitrust investigation, the Attorney General may, prior to the

institution of a civil proceeding, obtain discovery by issuing in

writing and serving upon the person a civil investigative demand

requiring the person to produce the information, 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 investigation and shall set forth each

statute and section of that statute that may have been or may be

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 the demand as provided for in this section;

2. Each demand for production of documentary material and for

answers to written interrogatories shall prescribe a reasonable

return date or dates by which the material shall be produced and the

answers to interrogatories shall be submitted;

3. Each demand for the giving of oral testimony shall prescribe

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 the 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 Commission for records or files which

Oklahoma Statutes - Title 79. Trusts and Pools Page 10

are considered confidential and privileged under Section 205 of

Title 68 of the Oklahoma Statutes.

D. At any time before the return date specified in a demand or

within twenty (20) days after the demand has been served, whichever

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 petition for an order modifying or

setting aside the demand in the district court in the county of the

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 relief sought. The petition may be based upon

any failure of such demand to comply with the provisions of this

section or upon any constitutional or other legal right or privilege

of the petitioner. The petitioner shall serve a copy of the

petition upon the Attorney General. The Attorney General 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 issued the demand in good faith and within the scope of his

or her authority. The time 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, that the petitioner shall

comply, with any portions of the demand not sought to be modified or

set aside.

E. A person on whom a demand 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 any demand duly

served on that person under this section, the Attorney General 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 of the court for enforcement of this section.

If the person transacts business in more than one 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 upon by the person and the Attorney General.

2. Any person, who, with intent to avoid, evade, 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 documentary material or

otherwise provides inaccurate information 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 containing trade secrets or

confidential information, the Attorney General shall notify the

Oklahoma Statutes - Title 79. Trusts and Pools Page 11

person who produced the material of the Attorney General's intent to

make the disclosure. After providing such notification, the

Attorney General 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 information. After notice and hearing, if

so ordered, the Attorney General may disclose the trade secrets or

confidential information.

2. Upon written request, the Attorney General shall return

documentary material produced under this section in connection with

an antitrust investigation to the person who produced it whenever:

a. any case or proceeding before any court arising out of

the investigation has been completed, or

b. the Attorney General has decided after completing an

examination and analysis of the material not to

institute any case or proceeding before a court in

connection with the investigation.

H. Whenever any petition is filed in the district court as

provided for in this section, the court shall have jurisdiction to

hear and determine the matter presented and 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.
Okla. Stat. tit. 79, § 79-206 — OK Code / Title 79 / Section 79-206
Violation a felony - Fine - Criminal indictment
Status: in_force

A. Any person, other than a municipal corporation, who violates

Section 3, 4, or 8 of Enrolled Senate Bill No. 1357 of the 2nd

Session of the 46th Oklahoma Legislature is guilty of a Class C2

felony offense, if the offense occurs on or after the effective date

of Section 20.1 of Title 21 of the Oklahoma Statutes. If the

offense is committed prior to the effective date of Section 20.1 of

Title 21 of the Oklahoma Statutes, the person, other than a

municipal corporation, shall be guilty of a Class C2 felony offense

and shall be punishable by incarceration as provided for in

subsections B through F of Section 20M of Title 21 of the Oklahoma

Statutes. A violator shall, upon conviction, be subject to a fine

not to exceed Ten Thousand Dollars ($10,000.00) per violation.

B. The Attorney General or any district attorney may file a

criminal information or seek a criminal indictment to enforce the

provisions of subsection A of this section.

Oklahoma Statutes - Title 79. Trusts and Pools Page 8
Okla. Stat. tit. 79, § 79-201 — OK Code / Title 79 / Section 79-201
Short title
Status: in_force

Sections 1 through 12 of this act may be cited as the "Oklahoma

Antitrust Reform Act".
Okla. Stat. tit. 79, § 79-205 — OK Code / Title 79 / Section 79-205
Actions by injured parties and Attorney General - Damages
Status: in_force

- Injunction - Treble damages to state as parens patriae - Recovery

barred to persons or entities holding federal judgments -

Limitation.

A. 1. Any person who is injured in his or her business or

property by a violation of this act, may obtain appropriate

injunctive or other equitable relief and monetary damages and shall

recover threefold the damages sustained, and the cost of suit,

including a reasonable attorney fee. The Attorney General may bring

an action in the name of the state, as parens patriae on behalf of

natural persons residing in the state 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 this act. 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 sustained 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, it may

obtain appropriate injunctive or other equitable relief and monetary

damages therefor and shall recover actual damages by it sustained

and 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

Oklahoma Statutes - Title 79. Trusts and Pools Page 7

pleading setting forth a claim under this act and ending on the date

of judgment, or for any shorter period therein, if the court finds

that the award of such interest for such period is just in the

circumstances. The Attorney General may bring an action on behalf

of either the state or a political subdivision of the state when

either is injured in its business or property by anything forbidden

by the provisions of this act.

2. In any civil action brought by the Attorney General as

parens patriae, the Attorney General 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 adjudication 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.

3. In a civil action brought by the Attorney General 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 pursuant 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 this section based on substantially the same

conduct that was the subject of the federal 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.to state as parens patriae - Recovery barred to persons or entities holding federal judgments -
Okla. Stat. tit. 79, § 79-103 — OK Code / Title 79 / Section 79-103
Violation a felony - Fine
Status: in_force

Any bridge or other contractor, partnership, corporation,

association of contractors, or any other person, or any director,

officer or any receiver, trustee, clerk or agent, or other person

acting for them or employed by them, who alone or acting with any

other contractor or other person, partnership, corporation or

association, shall willfully do or cause to be done, or shall

willfully suffer or permit to be done, any act, matter or thing

herein prohibited or declared to be unlawful, or who shall aid or

abet therein, or shall willfully omit or fail to do any act, matter

or thing herein required to be done, or shall willfully cause,

suffer or permit any thing directed to be done, not to be so done,

or shall aid or abet or advise such omission or failure, or shall be

guilty of any infraction of this article, shall be guilty of a Class

D1 felony offense, and upon conviction thereof shall be fined in any

sum not exceeding Five Thousand Dollars ($5,000.00), or imprisoned

as provided for in subsections B through F of Section 20N of Title

21 of the Oklahoma Statutes, or both, at the discretion of the

court.

R.L. 1910, § 8244. Amended by Laws 1919, c. 238, p. 338, § 3; Laws

1997, c. 133, § 592, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c.

5, § 428, eff. July 1, 1999; Laws 2025, c. 486, § 586, eff. Jan. 1,

2026.

Oklahoma Statutes - Title 79. Trusts and Pools Page 4

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 592 from July 1, 1998, to July 1, 1999.
Okla. Stat. tit. 79, § 79-211 — OK Code / Title 79 / Section 79-211
Notice of filing to Attorney General
Status: in_force

A person filing a petition, counterclaim, or answer in any

Oklahoma court, agency, or commission for any violation of the

provisions of this act shall simultaneously with the filing of the

pleading serve a copy of the petition, counterclaim, or answer on

the Attorney General. The Attorney General may appear as amicus

curiae in any civil action or proceeding pending before any Oklahoma

court, agency, or commission in which matters related to this act

appear to be in issue. Service of any notice required under this

section does not limit or otherwise affect the right of the Attorney

General to maintain an action under this act or intervene in a

pending action, nor does it authorize the person to name this state

or the Attorney General as a party to the action.