assembly Bill A3399

2021-2022 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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Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to corporations, authorities and commissions
Jan 26, 2021 referred to corporations, authorities and commissions

A3399 (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 2019-2020 Legislative Session:
A10656

A3399 (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.

A3399 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3399
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2021
                                ___________
 
 Introduced by 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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06075-01-1