NY Gen Bus L § 340 (2021)
2021 New York Laws GBS - General Business Article 22 - Monopolies 340 - Contracts or Agreements for Monopoly or in Restraint of Trade Illegal and Void.

§  340.  Contracts or agreements for monopoly or in restraint of trade   illegal  and  void.  1.  Every  contract,  agreement,   arrangement   or   combination wherebyA monopoly in the conduct of any business, trade or commerce or in the   furnishing  of  any  service  in this state, is or may be established or   maintained, or wherebyCompetition or the free exercise of any activity in the conduct of any   business, trade or commerce or in the furnishing of any service in  this   state is or may be restrained or wherebyFor  the  purpose  of establishing or maintaining any such monopoly or   unlawfully interfering with the free exercise of  any  activity  in  the   conduct  of  any business, trade or commerce or in the furnishing of any   service in this state any business, trade or commerce or the  furnishing   of any service is or may be restrained, is hereby declared to be against   public policy, illegal and void.2. Subject to the exceptions hereinafter provided in this section, the   provisions  of  this  article shall apply to licensed insurers, licensed   insurance  agents,  licensed  insurance  brokers,  licensed  independent   adjusters  and other persons and organizations subject to the provisions   of the insurance law, to the  extent  not  regulated  by  provisions  of   article  twenty-three  of  the insurance law; and further provided, that   nothing in this section shall apply to the marine insurances,  including   marine  protection  and  indemnity  insurance  and  marine  reinsurance,   exempted from the operation of article  twenty-three  of  the  insurance   law.3.  The  provisions  of  this  article  shall not apply to cooperative   associations,  corporate  or  otherwise,  of  farmers,   gardeners,   or   dairymen,  including  live  stock  farmers  and  fruit  growers,  nor to   contracts, agreements or arrangements made by such associations, nor  to   bona fide labor unions.4.  The  labor  of  human  beings  shall not be deemed or held to be a   commodity or article of commerce as such terms are used in this  section   and nothing herein contained shall be deemed to prohibit or restrict the   right   of   workingmen   to   combine   in  unions,  organizations  and   associations, not organized for the purpose of profit.5. An action to recover damages caused by a violation of this  section   must  be  commenced  within  four  years  after  the cause of action has   accrued. The state, or any political subdivision or public authority  of   the  state,  or  any  person  who shall sustain damages by reason of any   violation of this section, shall recover three-fold the  actual  damages   sustained  thereby, as well as costs not exceeding ten thousand dollars,   and reasonable attorneys' fees. At or before  the  commencement  of  any   civil  action by a party other than the attorney-general for a violation   of  this  section,   notice   thereof   shall   be   served   upon   the   attorney-general.  Where  the aggrieved party is a political subdivision   or public authority of the state, notice of  intention  to  commence  an   action  under  this  section must be served upon the attorney-general at   least ten days prior to the commencement of such  action.  This  section   shall  not  apply to any action commenced prior to the effective date of   this act.6. In any action pursuant to this section, the fact that the state, or   any political subdivision or public  authority  of  the  state,  or  any   person  who has sustained damages by reason of violation of this section   has not dealt directly with the defendant shall  not  bar  or  otherwise   limit  recovery;  provided,  however, that in any action in which claims   are asserted against a defendant by both direct and indirect purchasers,   the court shall take all steps necessary to avoid  duplicate  liability,   including  but  not  limited  to  the  transfer and consolidation of all    related actions. In actions where both direct  and  indirect  purchasers   are  involved,  a  defendant  shall be entitled to prove as a partial or   complete defense to a claim for damages that the illegal overcharge  has   been passed on to others who are themselves entitled to recover so as to   avoid duplication of recovery of damages.