2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1331 | Monopolies › Section 1331.01 | Monopoly Definitions.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 227 - 131st General Assembly
As used in sections 1331.01 to 1331.14 of the Revised Code:
(A) "Person" includes corporations, partnerships, and associations existing under or authorized by any state or territory of the United States, and solely for the purpose of the definition of division (C) of this section, a foreign governmental entity.
(B) "Public office" means any state agency, public institution, political subdivision, or other organized body, office, agency, institution, or entity established by the laws of this state for the exercise of any function of government. "Public office" does not include the nonprofit corporation formed under section 187.01 of the Revised Code.
(C)(1) "Trust" is a combination of capital, skill, or acts by two or more persons for any of the following purposes:
(a) To create or carry out restrictions in trade or commerce;
(b) To limit or reduce the production, or increase or reduce the price of merchandise or a commodity;
(c) To prevent competition in manufacturing, making, transportation, sale, or purchase of merchandise, produce, or a commodity;
(d) To fix at a standard or figure, whereby its price to the public or consumer is in any manner controlled or established, an article or commodity of merchandise, produce, or commerce intended for sale, barter, use, or consumption in this state;
(e) To make, enter into, execute, or carry out contracts, obligations, or agreements of any kind by which they bind or have bound themselves not to sell, dispose of, or transport an article or commodity, or an article of trade, use, merchandise, commerce, or consumption below a common standard figure or fixed value, or by which they agree in any manner to keep the price of such article, commodity, or transportation at a fixed or graduated figure, or by which they shall in any manner establish or settle the price of an article, commodity, or transportation between them or themselves and others, so as directly or indirectly to preclude a free and unrestricted competition among themselves, purchasers, or consumers in the sale or transportation of such article or commodity, or by which they agree to pool, combine, or directly or indirectly unite any interests which they have connected with the sale or transportation of such article or commodity, that its price might in any manner be affected;
(f) To refuse to buy from, sell to, or trade with any person because such person appears on a blacklist issued by, or is being boycotted by, any foreign corporate or governmental entity.
(2) "Trust" also means a combination of capital, skill, or acts by two or more bidders or potential bidders, or one or more bidders or potential bidders and any person affiliated with a public office, to restrain or prevent competition in the letting or awarding of any public contract in derogation of any statute, ordinance, or rule requiring the use of competitive bidding or selection in the letting or awarding of the public contract.
(3) "Trust," as defined in this section, does not include bargaining by a labor organization in negotiating or effecting contracts with an employer or employer group with reference to minimum payment to any member of the labor organization for any motor vehicles owned, driven, and used exclusively by such member in the performance of the member's duties of employment pursuant to a collective bargaining agreement between the labor organization and the employer or employer group.
(4) A trust as defined in this division is unlawful and void.