NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 407

SENATE BILL 131

 

 

AN ACT TO AMEND G.S. 75‑5 PERTAINING TO CERTAIN ACTS WHICH ARE PROHIBITED AS ACTS IN RESTRAINT OF TRADE OR IN THE NATURE OF COMBINATION OR CONSPIRACY IN RESTRAINT OF TRADE OR COMMERCE.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 75‑5(b) is amended by adding at the end thereof, following Subsection (6), a new subsection, to be designated Subsection (7), to read as follows:

"(7)      Except as may be otherwise provided by Article 10 of Chapter 66, entitled 'Fair Trade', while engaged in buying or selling any goods m this State to make, enter into, execute or carry out any contract, obligation or agreement of any kind by which the parties thereto or any two or more of them bind themselves not to sell or dispose of any goods or any article of trade, use or consumption, below a common standard figure, or fixed value, or establish or settle the price of such goods between them, or between themselves and others, at a fixed or graduated figure, so as directly or indirectly to preclude a free and unrestricted competition among themselves, or any purchasers or consumers in the sale of such goods."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed; provided, that the provisions of this subsection shall not apply to any act which is done in compliance with the rules and regulations of any State regulatory agency.

Sec. 3.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 12th day of May, 1961.