An Act To Repeal the Forest Products Antitrust Exemption
Maine Legislature, Session 121, LD 0657
Committee: Judiciary
Sponsors: SMITH, MARTIN, ASH, BLANCHETTE, DUPREY, JACKSON, O'BRIEN, WATSON, EDMONDS, HALL
Amends: 10 MRSA §1101

Legislative Document 
No. 657 
H.P.487 
House of Representatives, February 11,2003 
An Act To Repeal the Forest Products Antitrust Exemption 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative SMITH of Van Buren. 
Cosponsored by Senator MARTIN of Aroostook and 
111~ 
/J1.1lltU~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ASH of Belfast, BLANCHETTE of Bangor, DUPREY of Medway, 
JACKSON of Fort Kent, O'BRIEN of Lewiston, WATSON of Bath, Senators: EDMONDS of 
Cumberland, HALL of Lincoln. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §1101, as amended by PL 1977, c. 175, §L is 
further amended to read: 
§IIOI. 
Contracts in restraint of trade 
Every 
contract, 
combination 
in 
the 
form 
of 
trusts 
or 
otherwise, or conspiracy, in restraint of trade or commerce in 
this 
State 
is 
declared 
to 
be 
il1egalt---PHl-V-i-de-d---t;.ha.~--Be 
asseeia~ieB-~~-~~~~~-~~~£~~~--fe~--~~-~l~-~~~€--ef 
ma~*e~iB~T--~~eeHeiB~--e~--~~He*iB~--~H±~weee--e~--saw--±e~sT--Eae 
memae~s-~-~-s~ee~aeleeFs-~R-~~-a~-ae~Ha±±Y-~-~-Eae 
~~eeHe~ieB-~--~-~~eeHe~S-~--&&~~~r-eH~~iB~-~--~~*~-Eae 
same-~~~-~-eeemee-~~~-a-~~~~~~-~--a-~~£~~~-~~-iB 
~es~~aiB~-e~-~~~~--a~-a~~em~E-~e-~~~~~~~~~~~-~e-fiH 
~~iees--~~~~~~~~~--~---saall--~ae--~~~-i~-~~~~--aBa 
a~FeemeB~s--Be~weeB--~~~~-~~~~-~--~~~~~~~--aBa--iE6 
memaeFs-~~-~~~~-~-eeB6iae£ea--ill~al-~-~~-e~--iB 
HB±awfH±--Fes~FaiB~-~~-~~-~-~-~~--~--~--eeR6~i£aey--e~ 
eemaiBaEieB-~e-~~~~~£-~-~~-~F-ill~al-~HF~ese. Whoever 
saa±l-make makes any such contract or 
eB~a~e engages in any such 
combination or conspiracy saa±±-ae is guilty of a Class C crime. 
Sec. 2. 13MRSA§171. as amended by PL 1973, c. 489, §2, is 
further amended to read: 
§171. 
Formation of trusts forbidden 
It saa±±--ae 
1~ unlawful 
for 
any 
firm 
or 
incorporated 
company, or any number of firms or incorporated companies, or any 
unincorporated company or association of persons or stockholders, 
organized for the purpose of manufacturing, producing, refining 
or mining any article or product waiea that enters into general 
use and consumption by the people, to form or organize any trust 
or 
to enter into 
any 
combination of 
firms, 
incorporated or 
unincorporated companies or association of stockholders, or to 
delegate to anyone or more board or boards of trustees or 
directors the power to conduct and direct the business of the 
whole number of firms, corporations, companies or associations 
waiea-may that have formed or wai-ea-may that propose to form a 
trust, combination or association inconsistent with this section 
and contrary to public policy. 
No 
association or corporation 
organized for the sole purpose of marketing fish, shellfish or 
any of the fish products or agricultural products of this State, 
or 
feF--t.-he--~-e--~HF~ese--04:--ma~k€-t.~R~7--p-FG41*Gi-:aq---<H:'--E~HekiB~T 
~H±~weee-eF-saw-±e~sT the members of or stockholders in which are 
actually engaged in the production of such products, or in the 
selling, canning or otherwise preserving of fish products, 
e~ 
selliB~T-~~-i~~~-EFHe*i-B~-~-~~-eF-~-~r-saall may 
Page l-LRl319(l) 
be deemed to be a conspiracy or a combination or in restraint of 
trade or 
an attempt to 
lessen competition or to fix prices 
arbitrarily; nor saa±± may the marketing contracts and agreements 
between 
such 
association 
or 
corporation 
and 
its 
members 
or 
stockholders 
be 
considered 
illegal 
as 
such 
or 
in 
unlawful 
restraint of trade or as part of a conspiracy or combination to 
accomplish an improper or illegal purpose. 
SUMMARY 
Under current law contracts and trusts formed for the sole 
purpose of manufacturing, producing, refining or mining a product 
may 
constitute 
an 
illegal restraint of 
trade 
Or 
conspiracy. 
Current law exempts from these provisions associations organized 
for the sole purpose of marketing, producing or trucking pulpwood 
or saw logs. 
This bill repeals those provisions.