H-1054              _______________________________________________

                                            SUBSTITUTE HOUSE BILL NO. 46

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Armstrong and Kremen)

Read first time 1/30/85 and passed to Committee on Rules.

AN ACT Relating to antitrust and unfair and deceptive business practices; and amending RCW 19.86.920.

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

        Sec. 1.  Section 20, chapter 216, Laws of 1961 as last amended by section 4, chapter 288, Laws of 1983 and RCW 19.86.920 are each amended to read as follows:

          The legislature hereby declares that the purpose of this act is to complement the body of federal law governing restraints of trade, unfair competition and unfair, deceptive, and fraudulent acts or practices in order to protect the public and foster fair and honest competition.  It is the intent of the legislature that, in construing this act, the courts be guided by final decisions of the federal courts and final orders of the federal trade commission interpreting the various federal statutes dealing with the same or similar matters and that in deciding whether conduct restrains or monopolizes trade or commerce or may substantially lessen competition, determination of the relevant market or effective area of competition shall not be limited by the boundaries of the state of Washington.  To this end this act shall be liberally construed that its beneficial purposes may be served.

          It is, however, the intent of the legislature that this act shall not be construed to prohibit acts or practices which are reasonable in relation to the development and preservation of business or which are not injurious to the public interest, nor be construed to authorize those acts or practices which unreasonably restrain trade or are unreasonable per se, including price fixing, division of markets, group boycotts, and tying arrangements.