Connecticut General Statutes
Chapter 624 - Connecticut Antitrust Act
Section 35-46a. - Assertion and proof of certain defenses.

In any action brought under subsection (c) of section 35-32 or seeking treble damages under section 35-35, a defendant:

(1) May not assert as a defense that the defendant did not deal directly with the person on whose behalf the action is brought; and
(2) May, in order to avoid duplicative liability, prove, as a partial or complete defense against a damage claim, that all or any part of an alleged overcharge ultimately was passed on to another person by a purchaser or a seller in the chain of manufacture, production or distribution that paid the alleged overcharge.
(P.A. 17-241, S. 2; P.A. 18-22, S. 1.)
History: P.A. 17-241 effective July 10, 2017; P.A. 18-22 deleted reference to sale, distribution or disposal of drug or device, and made conforming changes.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks

Chapter 624 - Connecticut Antitrust Act

Section 35-24. - Short title: Connecticut Antitrust Act.

Section 35-25. - Definitions.

Section 35-26. - Restraint of trade or commerce unlawful.

Section 35-27. - Monopolization or attempt to monopolize unlawful.

Section 35-28. - Acts unlawful when purpose or effect is restraint of trade or commerce.

Section 35-29. - Acts unlawful where effect is substantial lessening of competition or creation of monopoly.

Section 35-30. - Application of chapter.

Section 35-31. - Exceptions.

Section 35-32. - Attorney General to bring actions in the name of state or as parens patriae.

Section 35-32a. - Funds received by state re antitrust actions deposited in General Fund.

Section 35-33. - Superior Court jurisdiction.

Section 35-34. - Injunctive relief.

Section 35-35. - Treble damages for injury to business or property.

Section 35-36. - Final judgment in action brought by Attorney General as prima facie evidence.

Section 35-36a. - Proceedings for forfeiture of franchise.

Section 35-37. - Copies of complaints to Attorney General.

Section 35-38. - Civil penalties for violations.

Section 35-39. - Liability of legal or commercial entity for acts of agents.

Section 35-40. - Limitation of actions. Accrual of cause of action for continuing violation.

Section 35-41. - Suspension of statute of limitations.

Section 35-42. - Investigation of alleged violation. Issuance of subpoenas and written interrogatories. Enforcement of compliance. Cooperation. Service. Confidential material.

Section 35-43. - Attachment.

Section 35-44. - Actions and proceedings to be in accordance with civil actions statutes.

Section 35-44a. - Attorney General to bring actions in federal court on behalf of state government, local government, and other political subdivisions.

Section 35-44b. - Judicial construction of Connecticut Antitrust Act.

Section 35-45. - Price discrimination prohibited in commercial transactions. Rebuttal of prima-facie case.

Section 35-46. - Joint research and development ventures.

Section 35-46a. - Assertion and proof of certain defenses.