H-1309              _______________________________________________

                                                   HOUSE BILL NO. 1142

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State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Kremen, Bristow, Jacobsen, Peery, Lux and Todd

Read first time 2/8/85. Referred to Committee on Judiciary 2/11/85.

AN ACT Relating to unfair business practices; and adding a new section to chapter 19.86 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 19.86 RCW to read as follows:

          (1) The legislature recognizes that small business creates two out of every three new jobs in the marketplace and is responsible for most innovations.  The legislature further finds it is the small business unit upon which we rely to provide the essential element of competition.  Only through full and free competition can free markets, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be assured.  The legislature further finds that the vitality of small firms and the small business sector is being threatened by the relentless and sophisticated accumulation of power and wealth by massive organizations.  Therefore, the legislature declares that, for purposes of RCW 19.86.040, an "attempt to monopolize" shall mean any unnecessary unilateral conduct, performed with the purpose and effect of fixing prices or excluding a competitor.

          (2) The attorney general is directed to bring an action in the name of the state against any person to restrain and prevent the doing of any act which this section defines as an "attempt to monopolize" and therefore is prohibited or declared to be unlawful pursuant to RCW 19.86.040.