reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 623 - Devices on Receptacles › Section 35-21. - Presumption of unlawful use.

The use by any person other than the person whose device, name or mark is or has been upon the same, without such written consent or purchase, of any such marked or distinguished bottle, can, jar, box or siphon, a description of the name, mark or device whereon has been filed as provided in section 35-19, for the sale therein of soda, mineral or aerated waters, near beer, cider, ginger ale, milk, cream or other beverage, or any medicine, medicinal preparation, perfumery, oil, compound or mixture, or for the furnishing of the same to customers, or the use, by any person other than the owner whose name, mark or device has been upon the same, or any person having the written consent of the owner, of any such marked or distinguished towel, coat, apron or toilet cabinet, a description of the name, mark or device whereon has been filed as provided in said section 35-19, or the buying, selling, disposing of or trafficking in any such bottles, cans, jars, boxes, siphons, towels, coats, aprons or toilet cabinets by any person other than the person having a name, mark or device as such owner thereon, without such written consent, or the possession, by any junk dealer or dealer in rags or secondhand articles or person engaged in the business of supplying or renting towels, aprons, coats or toilet cabinets, of any such bottles, cans, jars, boxes or siphons, whether whole or broken, or any such marked or distinguished towel, coat, apron or toilet cabinet, a description of the marks, names or devices whereon has been so filed, without such written consent, shall be presumptive evidence of such unlawful use, purchase and traffic in such bottles, cans, jars, boxes, siphons, towels, coats, aprons or toilet cabinets.
(1949 Rev., S. 6804.)
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 623 - Devices on Receptacles › Section 35-22. - Issue of search warrant.

Whenever any person mentioned in section 35-19, or his agent, makes oath before any judge of the superior court for the judicial district wherein his town is located, that he has reason to believe and does believe that any of his bottles, cans, jars, boxes of siphons, a description of the name, mark or device whereon has been filed as provided in section 35-19, are being unlawfully used or filled or had within the jurisdiction of such court, by any person manufacturing or selling soda, mineral or aerated waters, near beer, cider, ginger ale, milk, cream or other beverage, or any medicine or medicinal preparation, perfumery, oil, compound or mixture, or that any junk dealer or dealer in secondhand articles, vendor of bottles, cans, jars or siphons, or other person, has, within such jurisdiction, any such bottles, cans, jars, boxes or siphons in his possession, or secreted in any place, or that any of his towels, coats, aprons or toilet cabinets, a description of the name, mark or device whereon has been filed as aforesaid, are being unlawfully used or held within the jurisdiction of such court, such court shall, if sufficient reason is shown therefor, issue forthwith a search warrant, directed to any police officer or other proper officer, to discover and obtain the same; and such court shall issue a warrant for and cause to be brought before him the person in whose possession such bottles, cans, jars, boxes, siphons, towels, coats, aprons or toilet cabinets may be found, and shall inquire into the circumstances of such possession; and, if such court finds that such person has been guilty of a violation of section 35-20, he shall award the property taken upon such warrant to the owner thereof.
(1949 Rev., S. 6805; 1959, P.A. 28, S. 171; P.A. 74-183, S. 269, 291; P.A. 76-436, S. 232, 681; P.A. 78-280, S. 1, 127.)
History: 1959 act replaced trial justices and judges of city, borough, town or police courts with judges of circuit court; P.A. 74-183 replaced circuit court judges with judges of court of common pleas for county or judicial district, effective December 31, 1974; P.A. 76-436 replaced judges of common pleas court with superior court judges, effective July 1, 1978; P.A. 78-280 deleted reference to counties.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-24. - Short title: Connecticut Antitrust Act.

This chapter shall be known as the “Connecticut Antitrust Act”.
(1971, P.A. 608, S. 1; P.A. 75-567, S. 1, 80.)
History: P.A. 75-567 substituted “chapter” for “part”.
Cited. 169 C. 344.
Cited. 33 CS 216; 35 CS 136.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-25. - Definitions.

As used in this chapter, unless the context indicates otherwise:
(a) “Commodity” means any goods, merchandise, wares, produce, chose in action, patents, trade marks, land articles of commerce, or any other tangible or intangible property, real, personal, or mixed, for use, consumption, enjoyment, or resale;
(b) “Person” means any individual, proprietorship, corporation, limited liability company, firm, partnership, incorporated and unincorporated association, or any other legal or commercial entity;
(c) “Trade or commerce” means intrastate as well as interstate trade or commerce.
(1971, P.A. 608, S. 2; P.A. 75-567, S. 2, 80; P.A. 95-79, S. 133, 189.)
History: P.A. 75-567 substituted “chapter” for “part”; P.A. 95-79 redefined “person” to include a limited liability company, effective May 31, 1995.
Cited. 169 C. 344; 184 C. 285; 212 C. 661.
Cited. 43 CA 801.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-26. - Restraint of trade or commerce unlawful.

Every contract, combination, or conspiracy in restraint of any part of trade or commerce is unlawful.
(1971, P.A. 608, S. 3.)
Cited. 169 C. 344. Statute applies to contract entered into prior to effective date of statute if contract continues in existence thereafter. 177 C. 218. Cited. 180 C. 680; 181 C. 655, overruled, see 335 C. 174; 184 C. 285; 241 C. 24. Exclusivity provisions between newspaper and syndicators did not constitute per se violations of antitrust statutes. 261 C. 673. Section is substantially identical to federal Sherman Act, 15 USC 1, and applies to contracts, combinations or conspiracies in restraint of trade or commerce. 303 C. 205. Trial court incorrectly concluded that plaintiff nonunion contractor, as an unsuccessful bidder in a municipal bidding process, did not have standing to prosecute its claim against the city where city enforced a project labor agreement in the pre-bid specifications that required the successful bidder to perform all project work with union labor. Id., 402.
An initial contract might not violate the antitrust laws at the time of its formation but arguably could become violative of those same laws when one of the contracting parties later gains unlawful dominance and control over a market as a result of a series of contracts or acquisitions. 104 CA 685.
Cited. 35 CS 136.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-27. - Monopolization or attempt to monopolize unlawful.

Every contract, combination, or conspiracy to monopolize, or attempt to monopolize, or monopolization of any part of trade or commerce is unlawful.
(1971, P.A. 608, S. 4.)
Cited. 169 C. 344; 180 C. 680; 181 C. 655, overruled, see 335 C. 174; 184 C. 285; 235 C. 11.
An initial contract might not violate the antitrust laws at the time of its formation but arguably could become violative of those same laws when one of the contracting parties later gains unlawful dominance and control over a market as a result of a series of contracts or acquisitions. 104 CA 685.
Cited. 33 CS 220; 35 CS 136.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-28. - Acts unlawful when purpose or effect is restraint of trade or commerce.

Without limiting section 35-26, every contract, combination, or conspiracy is unlawful when the same are for the purpose, or have the effect, of: (a) Fixing, controlling, or maintaining prices, rates, quotations, or fees in any part of trade or commerce; (b) fixing, controlling, maintaining, limiting, or discontinuing the production, manufacture, mining, sale, or supply of any part of trade or commerce; (c) allocating or dividing customers or markets, either functional or geographical, in any part of trade or commerce; or (d) refusing to deal, or coercing, persuading, or inducing third parties to refuse to deal with another person.
(1971, P.A. 608, S. 5.)
Cited. 169 C. 344. Trial court erred in finding restrictive covenant in shopping center lease “per se” illegal since “rule of reason” was appropriate standard to apply. 177 C. 218. Cited. 181 C. 655, overruled, see 335 C. 174; 184 C. 285; 192 C. 460; 195 C. 399. Exclusivity provisions between newspaper and syndicators did not constitute per se violations of antitrust statutes. 261 C. 673. Trial court incorrectly concluded that plaintiff nonunion contractor, as an unsuccessful bidder in a municipal bidding process, did not have standing to prosecute its claim against the city where city enforced a project labor agreement in the pre-bid specifications that required the successful bidder to perform all project work with union labor. 303 C. 402.
Cited. 31 CS 110; 33 CS 217. Covenant in shopping park lease prohibiting any other tenant from selling similar food within 400 feet of leased premises appears to violate Subdiv. (d), so temporary injunction enforcing covenant should not be issued. 34 CS 74. Cited. 35 CS 136.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-29. - Acts unlawful where effect is substantial lessening of competition or creation of monopoly.

Every lease, sale or contract for the furnishing of services or for the sale of commodities, or for the fixing of prices charged therefor, or for the giving or selling of a discount or rebate therefrom, on the condition or understanding that the lessee or purchaser shall not deal in the services or the commodities of a competitor or competitors of the lessor or seller, shall be unlawful where the effect of such lease or sale or contract for sale or such condition or understanding may be to substantially lessen competition or tend to create a monopoly in any part of trade or commerce and where such goods or services are for the use, consumption or resale in this state.
(1971, P.A. 608, S. 6.)
Cited. 169 C. 344. Declaration of covenants and restrictions unlawful per se if either (1) party has sufficient economic power in the tying product or (2) a not insubstantial amount of commerce is effected; court thus adopted Clayton Act test in determining if violation of statute occurred. 181 C. 655, overruled, see 335 C. 174. Trial court incorrectly concluded that plaintiff nonunion contractor, as an unsuccessful bidder in a municipal bidding process, did not have standing to prosecute its claim against the city where city enforced a project labor agreement in the pre-bid specifications that required the successful bidder to perform all project work with union labor. 303 C. 402.
An initial contract might not violate the antitrust laws at the time of its formation but arguably could become violative of those same laws when one of the contracting parties later gains unlawful dominance and control over a market as a result of a series of contracts or acquisitions. 104 CA 685.
Cited. 33 CS 219.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-30. - Application of chapter.

This chapter applies to every contract, combination, or conspiracy in restraint of any part of trade or commerce or every contract, combination or conspiracy to monopolize, or every attempt to monopolize, or every monopolization of any part of trade or commerce when any part thereof was entered into or effectuated in whole or in part in this state.
(1971, P.A. 608, S. 7; P.A. 75-567, S. 3, 80.)
History: P.A. 75-567 substituted “chapter” for “part”.
Cited. 169 C. 344.
Cited. 33 CS 220.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-32. - Attorney General to bring actions in the name of state or as parens patriae.

(a) The Attorney General, in the name of the state and on behalf of the people of the state, shall enforce the provisions of this chapter. He shall investigate suspected violations and institute proceedings, for any violation of the provisions of this chapter. Such proceedings may pray that such violation be temporarily or permanently enjoined, or otherwise prohibited.
(b) The Attorney General may also, in his discretion, intervene and appear in any proceeding pending before any court, agency, board, or commission in this state in which matters related to this chapter are in issue.
(c) The Attorney General may also, in enforcing the provisions of this chapter, bring an action in the name of the state as (1) parens patriae for persons residing in the state with respect to damages sustained by such persons, or, if the court finds in its discretion that the interests of justice so require, as a representative of a class or classes consisting of persons residing in the state who have been damaged; or (2) parens patriae with respect to damages to the general economy of the state or any political subdivision thereof; provided that such damages shall not be duplicative of those recoverable under subdivision (1) of this subsection.
(d) The Attorney General may also bring a civil action in the name of the state in the district courts of the United States under the federal antitrust laws to recover damages and secure such other relief as provided for in such laws as (1) parens patriae for persons residing in the state with respect to damages sustained by such persons, or, if the court finds in its discretion that the interests of justice so require, as a representative of a class or classes consisting of persons residing in the state who have been damaged; or (2) parens patriae with respect to damages to the general economy of the state or any political subdivision thereof; provided that such damages shall not be duplicative of those recoverable under subdivision (1) of this subsection.
(1971, P.A. 608, S. 9; P.A. 75-508, S. 1, 7; 75-567, S. 5, 80; P.A. 76-218.)
History: P.A. 75-508 and P.A. 75-567 substituted “chapter” for “part”, specified that attorney general acts “in the name of the state and on behalf of the people of the state”, specified that proceedings “may pray that such violation be temporarily or permanently enjoined, or otherwise prohibited” and added Subsec. (b); P.A. 76-218 added Subsecs. (c) and (d).
Cited. 169 C. 344; 177 C. 218; 179 C. 324; 184 C. 285; 212 C. 661.
Subsec. (c):
Subdiv. (2) affords the state standing to pursue a parens patriae claim for damages to its general economy caused by violations of the Connecticut Antitrust Act. 286 C. 454.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-32a. - Funds received by state re antitrust actions deposited in General Fund.

(a) All (1) gifts or grants made to the state for antitrust enforcement purposes, (2) funds awarded to the state or any agency of the state for the recovery of costs and attorney's fees in an antitrust action, (3) civil penalties imposed pursuant to section 35-38, and (4) damages collected by the state for injuries to its business or property pursuant to a judgment or settlement agreement in an antitrust action, shall be deposited in the General Fund.
(b) Any balance remaining in the Antitrust Revolving Fund in the custody of the State Treasurer on July 1, 1985, shall be transferred to the General Fund.
(P.A. 76-327, S. 1, 2; P.A. 80-111, S. 1, 2; P.A. 85-410, S. 1, 2.)
History: P.A. 80-111 included in revolving fund gifts or grants made to state for antitrust enforcement purposes, funds awarded to state for recovery of costs and attorney's fees in antitrust actions, civil penalties imposed under Sec. 35-38 and damages collected by state for injuries to its business or property, replacing less specific provisions, and deleted provision which limited fund to 10% of funds collected, not exceeding $250,000; P.A. 85-410 amended Subsec. (a) by abolishing antitrust revolving fund and adding provision that all funds enumerated in Subdivs. (1) to (4), inclusive, shall be deposited in the general fund; amended Subsec. (b) by deleting authority of attorney general to expend funds from the revolving fund for expenses incurred in antitrust actions and adding provision that any balance remaining in the revolving fund on July 1, 1985, shall be transferred to the general fund.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-33. - Superior Court jurisdiction.

The Superior Court of this state is hereby vested with jurisdiction to prevent and enjoin violations of this chapter. Any action or proceeding brought by the state, or any private party, for violation of the provisions of this chapter shall be brought in the superior court of the judicial district where the offense, or any part thereof, is committed, or in any judicial district where any of the alleged offenders reside or are found, or any agent resides or is found, or where any proprietor, association, firm, partnership, or corporate defendant does business.
(1971, P.A. 608, S. 10; P.A. 75-567, S. 6, 80; P.A. 78-280, S. 2, 127.)
History: P.A. 75-567 substituted “chapter” for “part”; P.A. 78-280 substituted “judicial district” for “county”.
Cited. 169 C. 344; 184 C. 285.
Cited. 30 CS 87.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-34. - Injunctive relief.

The state or any person, including, but not limited to, a consumer, may sue for injunctive relief, both temporary or permanent, against threatened loss or damage to its property or business by any violation of this chapter. In such actions the court shall follow the rules and principles governing the granting of injunctive relief. If the court issues an injunction, the plaintiff shall recover a reasonable attorney's fee together with costs, as determined by the court.
(1971, P.A. 608, S. 11; P.A. 75-567, S. 7, 80.)
History: P.A. 75-567 substituted “chapter” for “part”.
Cited. 169 C. 344; 177 C. 304; 195 C. 18; 204 C. 17.
Cited. 31 CS 110; 33 CS 221.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-35. - Treble damages for injury to business or property.

The state, or any person, including, but not limited to, a consumer, injured in its business or property by any violation of the provisions of this chapter shall recover treble damages, together with a reasonable attorney's fee and costs.
(1971, P.A. 608, S. 12; P.A. 75-567, S. 8, 80.)
History: P.A. 75-567 substituted “chapter” for “part”.
Cited. 169 C. 344; 184 C. 285; 195 C. 18; 235 C. 1. Plaintiff cannot recover from software manufacturer when plaintiff did not purchase software directly from the manufacturer but rather from a retailer. 260 C. 59.
Cited. 10 CA 22.
Cited. 30 CS 87; 33 CS 221.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-36. - Final judgment in action brought by Attorney General as prima facie evidence.

Any final judgment or decree, other than a stipulation or consent decree approved by the Superior Court, rendered in any action or proceeding brought by the Attorney General shall be prima facie evidence in any action under sections 35-34 and 35-35, as to all matters with respect to which the judgment or decree would be an estoppel between the parties to the suit.
(1971, P.A. 608, S. 13.)
Cited. 169 C. 344.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-36a. - Proceedings for forfeiture of franchise.

Upon the entering of a final judgment or decree, other than a stipulation or consent decree, for violation of this chapter by any corporation or association transacting business in the state, the Attorney General may institute proceedings in superior court for the judicial district of Hartford for forfeiture of charter rights, franchises, or privileges and powers exercised by such corporation or association, and for the dissolution of the corporation or association.
(P.A. 75-508, S. 5, 7; P.A. 78-280, S. 6, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4
–
6.)
History: P.A. 78-280 substituted “judicial district of Hartford-New Britain” for “Hartford county”; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-37. - Copies of complaints to Attorney General.

Any person filing a complaint, counterclaim, or answer, for any violation of the provisions of this chapter shall, simultaneously with the returning of the same to Superior Court, or in the case of pendent state law claims, to federal court, mail a copy of the complaint, counterclaim, or answer, to the Attorney General.
(1971, P.A. 608, S. 14; P.A. 75-508, S. 2, 7; 75-567, S. 9, 80.)
History: P.A. 75-508 and P.A. 75-567 clarified provisions, substituting “filing a complaint, counterclaim, or answer” for “commencing an action”, “chapter” for “part” and reference to superior or federal court for “court”.
Cited. 169 C. 344; 195 C. 399.
Cited. 33 CS 219.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-38. - Civil penalties for violations.

In any action instituted by the Attorney General, any individual who has been held to have violated this chapter shall forfeit and pay to the state a civil penalty of not more than one hundred thousand dollars. Any other person who has been held to have violated any of the provisions of this chapter shall forfeit and pay to the state a civil penalty of not more than one million dollars.
(1971, P.A. 608, S. 15; P.A. 73-668, S. 2; P.A. 75-567, S. 10, 80; P.A. 09-68, S. 2.)
History: P.A. 73-668 raised civil penalties from $5,000 to $25,000 and from $25,000 to $250,000, respectively; P.A. 75-567 substituted “chapter” for “part”; P.A. 09-68 increased maximum civil penalty from $25,000 to $100,000 for an individual and from $250,000 to $1,000,000 for any other person.
Cited. 169 C. 344.
When severability doctrine applied. 30 CS 87.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-39. - Liability of legal or commercial entity for acts of agents.

A corporation, association, firm, partnership, proprietorship, or any other legal or commercial entity is liable under this chapter for the acts of its officers, directors, representatives or agents, acting within the scope of their actual or apparent authority, whether they are acting on their own behalf or for their own benefit, or acting for the corporation, association, firm, partnership or proprietorship or in their representative capacity. Proof of the acts of any such officer, director, representative, or agent shall be received as prima facie proof as the acts of the corporation, association, firm, partnership or proprietorship, itself.
(1971, P.A. 608, S. 16; P.A. 75-567, S. 11, 80.)
History: P.A. 75-567 substituted “chapter” for “part”.
Cited. 169 C. 344.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-40. - Limitation of actions. Accrual of cause of action for continuing violation.

Any action under sections 35-34 and 35-35, shall be forever barred unless commenced within four years after the cause of action shall have accrued. For the purpose of this section, a cause of action for a continuing violation is deemed to accrue at any time during the period of the violation.
(1971, P.A. 608, S. 17; P.A. 75-508, S. 6, 7.)
History: P.A. 75-508 required commencement of action within four rather than three years.
Cited. 169 C. 344.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-41. - Suspension of statute of limitations.

If any proceeding or action is commenced by the Attorney General for any violation of the provisions of this chapter, the running of the statute of limitations with respect to every cause of action arising under sections 35-34 and 35-35, and based in whole or in part on any matter complained of in the proceeding or action, shall be suspended during the pendency thereof, and for one year thereafter. If the running of the statute of limitations is suspended, the cause of action shall be forever barred unless commenced either within the period of suspension, or three years after the cause of action shall have accrued.
(1971, P.A. 608, S. 18; P.A. 75-567, S. 12, 80.)
History: P.A. 75-567 substituted “chapter” for “part”.
Cited. 169 C. 344.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-43. - Attachment.

No person, including, but not limited to, a consumer, commencing an action under sections 35-34 and 35-35, shall have the right of attachment without first obtaining an order from the superior court in which such action shall be brought.
(1971, P.A. 608, S. 20.)
Cited. 169 C. 344.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-44. - Actions and proceedings to be in accordance with civil actions statutes.

Unless otherwise set forth in this chapter, all actions or proceedings under the provisions of this chapter shall be according to the statutes of Connecticut pertaining to civil actions.
(1971, P.A. 608, S. 21; P.A. 75-567, S. 14, 80.)
History: P.A. 75-567 substituted “chapter” for “part”.
Cited. 169 C. 344; 235 C. 1.
Cited. 30 CS 87.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-44a. - Attorney General to bring actions in federal court on behalf of state government, local government, and other political subdivisions.

The Attorney General may institute proceedings on behalf of the state, its municipalities, school districts and other political subdivisions organized under the authority of this state in federal court to recover damages or to seek injunctive relief provided for under any provision of federal law comparable to the provisions of this chapter; provided, the authority of any such municipality, school district or political subdivision to bring such action on its own behalf shall not be impaired nor shall its authority to engage its own counsel in connection therewith be impaired.
(P.A. 75-508, S. 4, 7.)
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-44b. - Judicial construction of Connecticut Antitrust Act.

It is the intent of the General Assembly that in construing sections 35-24 to 35-46, inclusive, the courts of this state shall be guided by interpretations given by the federal courts to federal antitrust statutes.
(P.A. 92-248, S. 2.)
Cited. 235 C. 1. Sec. 35-35 must be interpreted consistently with relevant provisions of federal case law. 260 C. 59. This section does not deprive the state of standing to pursue a parens patriae action for antitrust damages to its general economy pursuant to Sec. 35-32(c)(2) because this section does not incorporate the federal preclusion of general economy damages into the state antitrust scheme. 286 C. 454. To have standing to bring a claim under the antitrust act, a plaintiff must adequately plead both that it has suffered an antitrust injury and that it is an efficient enforcer of the antitrust act, thus a claim that a plaintiff has failed to allege an antitrust injury or that it has failed to allege that it is an efficient enforcer of the antitrust laws implicates the trial court's subject matter jurisdiction and should be raised by way of a motion to dismiss. 333 C. 672.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-45. - Price discrimination prohibited in commercial transactions. Rebuttal of prima-facie case.

(a) No person engaged in commerce, in the course of such commerce, either directly or indirectly, shall 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 Connecticut, and where the effect of such discrimination may be 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 nothing herein contained shall prevent differentials which only make due allowance for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such commodities are sold or delivered to such purchasers; or prevent persons engaged in selling goods, wares or merchandise in commerce from selecting their own customers in bona fide transactions and not in restraint of trade; or prevent price changes from time to time in response to changing conditions affecting the market for or the marketability of the goods concerned, such as, but not limited to, actual or imminent deterioration of perishable goods, obsolescence of seasonal goods, distress sales under court process or sales in good faith in discontinuance of business in the goods concerned.
(b) Upon proof being made, at any hearing on a complaint under subsection (a) of this section, that there has been discrimination in price, the burden of rebutting the prima-facie case thus made by showing justification shall be upon the person charged with a violation of this section, and unless justification shall be affirmatively shown, an order terminating the discrimination may be issued; provided nothing herein contained shall prevent a seller rebutting the prima-facie case thus made by showing that his lower price to any purchaser or purchasers was made in good faith to meet an equally low price of a competitor.
(P.A. 73-668, S. 1; P.A. 74-102.)
History: P.A. 74-102 added Subsec. (b) re burden of proof.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-46. - Joint research and development ventures.

Any person, as defined in section 35-25, who is in compliance with the National Cooperative Research Act of 1984, Public Law 98-462, shall be deemed to be in compliance with all provisions of sections 35-24 to 35-45, inclusive, concerning joint research and development ventures. As used in this section, the term “joint research and development venture” shall be construed as defined in the National Cooperative Research Act of 1984. Nothing in this section shall affect the application of said sections to any activity of a person other than joint research and development ventures.
(P.A. 92-248, S. 1.)
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 624 - Connecticut Antitrust Act › Section 35-46a. - Assertion and proof of certain defenses.

In any action brought under subsection (c) of section 35-32 or seeking treble damages under section 35-35, a defendant:
(1) May not assert as a defense that the defendant did not deal directly with the person on whose behalf the action is brought; and
(2) May, in order to avoid duplicative liability, prove, as a partial or complete defense against a damage claim, that all or any part of an alleged overcharge ultimately was passed on to another person by a purchaser or a seller in the chain of manufacture, production or distribution that paid the alleged overcharge.
(P.A. 17-241, S. 2; P.A. 18-22, S. 1.)
History: P.A. 17-241 effective July 10, 2017; P.A. 18-22 deleted reference to sale, distribution or disposal of drug or device, and made conforming changes.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 625 - Uniform Trade Secrets Act › Section 35-52. - Injunctive relief.

(a) Actual or threatened misappropriation may be enjoined upon application to any court of competent jurisdiction. An injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(b) If the court determines that it would be unreasonable to prohibit future use, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time the use could have been prohibited.
(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
(P.A. 83-344, S. 3.)
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 625 - Uniform Trade Secrets Act › Section 35-53. - Damages. Punitive damages for wilful and malicious misappropriation.

(a) In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss.
(b) In any action brought pursuant to subsection (a) of this section, if the court finds wilful and malicious misappropriation, the court may award punitive damages in an amount not exceeding twice any award made under subsection (a) and may award reasonable attorney's fees to the prevailing party.
(P.A. 83-344, S. 4.)
Subsec. (b):
Trial court's finding of willful and malicious misappropriation was supported by the record and trial court did not abuse its discretion in awarding punitive damages and attorneys' fees. 251 C. 59. Trial court did not abuse its discretion in awarding $40,000 in punitive damages, inasmuch as award did not exceed twice the amount of the award of compensatory damages. 267 C. 456. Since defendant's attempted takeover of plaintiff employer was not intended to injure the shareholder owners of a trade secret and did not constitute a malicious violation of Uniform Trade Secrets Act, plaintiff was not entitled to punitive damages and attorneys fees. 282 C. 209.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 625 - Uniform Trade Secrets Act › Section 35-54. - Attorney's fees.

If a claim of misappropriation is made in bad faith or a motion to terminate an injunction is made or resisted in bad faith, the court may award reasonable attorney's fees to the prevailing party.
(P.A. 83-344, S. 5.)
Cited. 204 C. 17.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 625 - Uniform Trade Secrets Act › Section 35-55. - Protection of trade secrets by court.

In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
(P.A. 83-344, S. 6.)
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 625 - Uniform Trade Secrets Act › Section 35-56. - Limitation of action for misappropriation.

No action for misappropriation shall be brought but within three years from the date the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
(P.A. 83-344, S. 7.)
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 625 - Uniform Trade Secrets Act › Section 35-57. - Provisions of chapter supersede conflicting law re civil liability. Limitation.

(a) Unless otherwise agreed by the parties, the provisions of this chapter supersede any conflicting tort, restitutionary, or other law of this state pertaining to civil liability for misappropriation of a trade secret.
(b) This chapter does not affect: (1) Contractual or other civil liability or relief that is not based upon misappropriation of a trade secret; (2) criminal liability for misappropriation of a trade secret; or (3) the duty of any person or state or municipal agency to disclose information pursuant to section 1-210, sections 31-40j to 31-40p, inclusive, or subsection (c) of section 12-62, or wherever expressly provided by law.
(P.A. 83-344, S. 8; P.A. 95-283, S. 65, 68.)
History: P.A. 95-283 amended Subsec. (b) to make technical change replacing reference to Subsec. (b) of Sec. 12-62 with Subsec. (c) of Sec. 12-62, effective July 6, 1995.
2023 Connecticut General Statutes › Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks › Chapter 625 - Uniform Trade Secrets Act › Section 35-58. - Rules of construction.

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
(P.A. 83-344, S. 9.)
2023 Connecticut General Statutes › Title 36a - The Banking Law of Connecticut › Chapter 664 - General Statement and Definitions › Section 36a-1. (Formerly Sec. 36-1). - General statement.

This title shall be known as the “Banking Law of Connecticut” and shall be applicable to all Connecticut banks, Connecticut credit unions, mortgage lenders, mortgage correspondent lenders, mortgage brokers, mortgage loan originators, loan processors or underwriters, money transmitters, check cashers, trustees under mortgages or deeds of trust of real property securing certain investments, corporations exercising fiduciary powers, small loan lenders, sales finance companies, mortgage servicers, debt adjusters, debt negotiators, consumer collection agencies, student loan servicers, mortgage lead generators and to such other persons as subject themselves to the provisions of this title or who, by violating any of its provisions, become subject to the penalties provided in this title.
(1949 Rev., S. 5731; 1969, P.A. 167; P.A. 78-121, S. 8, 113; P.A. 88-65, S. 5; P.A. 94-122, S. 1, 340; P.A. 08-176, S. 32; P.A. 11-216, S. 1; P.A. 13-253, S. 20; P.A. 14-89, S. 18; P.A. 18-173, S. 1.)
History: 1969 act specified applicability to dealers of securities, investment counsel and investment counsel agents; P.A. 78-121 deleted private bankers and building associations from applicability provision; P.A. 88-65 deleted reference to industrial banks; P.A. 94-122 consolidated “state bank and trust companies”, “savings banks”, and “savings and loan associations” into the definition of “Connecticut banks”, added references to specific licensees and removed references to licensees covered by sections moved to title 36b, effective January 1, 1995; Sec. 36-1 transferred to Sec. 36a-1 in 1995; P.A. 08-176 removed “first and secondary” re “mortgage lenders”, inserted “mortgage” re brokers and added “mortgage correspondent lenders, mortgage loan originators”, effective July 1, 2008; P.A. 11-216 added “loan processors or underwriters” and “persons offering or engaging in debt negotiation” and made a technical change; P.A. 13-253 changed “money order and travelers check licensees, check cashing service licensees” to “money transmitters, check cashers”, changed “licensees” to “lenders” and changed “persons offering or engaging in debt negotiation” to “debt negotiators, consumer collection agencies”; P.A. 14-89 replaced “servicing companies” with “servicers”; P.A. 18-173 added “, student loan servicers, mortgage lead generators”.
2023 Connecticut General Statutes › Title 36a - The Banking Law of Connecticut › Chapter 664a - Administration and Enforcement › Section 36a-10. - General regulation-making authority.

The commissioner may adopt such regulations, in accordance with the provisions of chapter 54, as the commissioner deems necessary to administer any provision of the general statutes within the jurisdiction of the commissioner for which mandatory or discretionary authority to adopt regulations is not otherwise provided. For any regulation adopted under the authority of this section, the commissioner may assign a section number to the regulation that corresponds to the specific section of the general statutes upon which the regulation is based.
(P.A. 94-122, S. 4, 340.)
History: P.A. 94-122 effective January 1, 1995.
2023 Connecticut General Statutes › Title 36a - The Banking Law of Connecticut › Chapter 664a - Administration and Enforcement › Section 36a-13. (Formerly Sec. 36-12b). - Commissioner to submit estimates of expenditures.

The commissioner shall submit estimates of expenditure requirements in accordance with the provisions of section 4-77.
(P.A. 76-231, S. 3, 6.)
History: Sec. 36-12b transferred to Sec. 36a-13 in 1995.
2023 Connecticut General Statutes › Title 36a - The Banking Law of Connecticut › Chapter 664a - Administration and Enforcement › Section 36a-14. (Formerly Sec. 36-13). - Reports to Governor and banks committee.

(a) The commissioner shall annually report to the Governor:
(1) The condition of all entities required to be periodically examined by the commissioner, with such comments and recommendations as the commissioner deems advisable;
(2) On the commissioner's administration of the Connecticut Truth-in-Lending Act, part III of chapter 669; and
(3) On the commissioner's findings concerning home financing pursuant to section 36a-743.
(b) The commissioner shall annually report to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to banks on (1) the commissioner's administration of interstate banking pursuant to part I of chapter 666; and (2) the issuance of final certificates of authority to expedited Connecticut banks pursuant to section 36a-70.
(1949 Rev., S. 5736; P.A. 94-122, S. 7, 340; P.A. 09-100, S. 2.)
History: P.A. 94-122 added Subsec. (a)(2) and (3) and Subsec. (b) re the commissioner's reporting requirements, effective January 1, 1995; Sec. 36-13 transferred to Sec. 36a-14 in 1995; P.A. 09-100 amended Subsec. (b) by designating existing provision re interstate banking as Subdiv. (1), adding Subdiv. (2) re issuance of final certificates of authority to expedited Connecticut banks and making a technical change.
See Sec. 36a-223 re appointment of Banking Commissioner as receiver.
2023 Connecticut General Statutes › Title 36a - The Banking Law of Connecticut › Chapter 664a - Administration and Enforcement › Section 36a-14a. - Quarterly report of revenue collected by department.

Not later than thirty days after the close of the first quarter of the fiscal year ending June 30, 2005, and not later than thirty days after the close of each quarter thereafter, the commissioner shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, through the Office of Fiscal Analysis, containing the specific amount of each fee, charge, assessment, fine, civil penalty, settlement payment and other revenue collected by the Department of Banking during the quarter covered by the report.
(May Sp. Sess. P.A. 04-2, S. 16; P.A. 07-72, S. 2.)
History: May Sp. Sess. P.A. 04-2 effective July 1, 2004; P.A. 07-72 made a technical change.
2023 Connecticut General Statutes › Title 36a - The Banking Law of Connecticut › Chapter 664a - Administration and Enforcement › Section 36a-15. (Formerly Sec. 36-14). - Report of violations of law.

The commissioner shall report to the proper prosecuting official each violation of law for which the penalty may be confinement in a penal institution, knowledge of which violation was obtained by the commissioner in the course of the commissioner's official duties.
(1949 Rev., S. 5737; P.A. 94-122, S. 8, 340.)
History: P.A. 94-122 made technical changes, effective January 1, 1995; Sec. 36-14 transferred to Sec. 36a-15 in 1995.