Assembly Bill A10656

2019-2020 Legislative Session

Prohibits certain actions which negatively impact the conduct of business, trade, or commerce or furnishing of services in the state

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A10656 (ACTIVE) - Details

Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
General Business Law
Laws Affected:
Amd §340, add §352-dd, Gen Bus L; amd §7501, CPLR
Versions Introduced in 2021-2022 Legislative Session:
A3399

2019-A10656 (ACTIVE) - Summary

Prohibits certain actions which negatively impact the conduct of business, trade, or commerce or furnishing of services in the state and prohibits practices that force arbitration of future antitrust, consumer, civil rights, and employment disputes that interfere with the right of individuals, workers, and small businesses to participate in joint, class, or collective actions.

2019-A10656 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10656
 
                           I N  A S S E M B L Y
 
                               June 17, 2020
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Kim) -- read
   once  and  referred  to the Committee on Corporations, Authorities and
   Commissions
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   certain  actions  which  negatively  impact  the  conduct of business,
   trade, or commerce or furnishing of services  in  the  state;  and  to
   amend  the  civil  practice  law and rules, in relation to prohibiting
   agreements that force arbitration of certain future antitrust, consum-
   er, civil rights, and employment disputes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  340  of  the  general business law is amended by
 adding three new subdivisions 7, 8, and 9 to read as follows:
   7. ANY ABUSE BY ONE OR MORE PERSONS OF  A  DOMINANT  POSITION  IN  THE
 CONDUCT OF ANY BUSINESS, TRADE, OR COMMERCE, OR IN THE FURNISHING OF ANY
 SERVICE  IN  THIS  STATE IS HEREBY DECLARED TO BE AGAINST PUBLIC POLICY,
 ILLEGAL, AND VOID. SUCH ABUSE MAY CONSIST OF, BUT SHALL NOT  BE  LIMITED
 TO:
   (A)  DIRECTLY OR INDIRECTLY IMPOSING UNFAIR PURCHASE OR SELLING PRICES
 OR OTHER UNFAIR TRADING CONDITIONS;
   (B) LIMITING PRODUCTION, MARKETS,  OR  TECHNICAL  DEVELOPMENT  TO  THE
 PREJUDICE OF CONSUMERS;
   (C)  APPLYING  DISSIMILAR  CONDITIONS  TO EQUIVALENT TRANSACTIONS WITH
 OTHER TRADING PARTIES, THEREBY PLACING THEM AT A  COMPETITIVE  DISADVAN-
 TAGE;
   (D)  MAKING  THE  CONCLUSION  OR EFFECTIVENESS OF CONTRACTS SUBJECT TO
 ACCEPTANCE BY THE OTHER PARTIES OF SUPPLEMENTARY OBLIGATIONS  WHICH,  BY
 THEIR  NATURE  OR ACCORDING TO COMMERCIAL USAGE, HAVE NO CONNECTION WITH
 THE SUBJECT OF SUCH CONTRACTS;
   (E) REFUSING TO DEAL WITH CUSTOMERS OR RIVALS AS A MEANS OF  SUPPRESS-
 ING COMPETITION;
   (F) PROHIBITING DISTRIBUTORS, SUPPLIERS, OR CUSTOMERS FROM DOING BUSI-
 NESS WITH RIVAL FIRMS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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