§480-11 Exemption of certain cooperative organizations; insurance transactions; approved mergers of federally regulated companies; homeless facility and program donors and provider agencies. (a) Nothing in this chapter shall be construed to forbid the existence and operation of fishery, agricultural, or consumer cooperative organizations or associations instituted for the purpose of mutual help that are organized and operated under chapter 421 or 421C, or that conform and continue to conform to the requirements of the Capper-Volstead Act (7 U.S.C. 291 and 292); provided that if any organization or association monopolizes or restrains trade or commerce in any section of this State to an extent that the price of any fishery, agricultural, or consumer product is unduly enhanced by reason thereof, this chapter shall apply to those acts.
(b) This chapter shall not apply to any transaction in the business of insurance that is in violation of any section of this chapter if the transaction is expressly permitted by the insurance laws of this State; provided that nothing in this section shall render this chapter inapplicable to any agreement to boycott, coerce, or intimidate or any act of boycott, coercion, or intimidation.
(c) This chapter shall not apply to mergers of companies where the mergers are approved by the federal regulatory agency that has jurisdiction and control over the mergers.
(d) This chapter shall not apply to:
(1) Any provider agencies or donors under part XVII of chapter 346;
(2) Any provider agency or donor method or act that complies with part XVII of chapter 346; or
(3) Any cooperation or agreement authorized pursuant to rule under part XVII of chapter 346. [L 1961, c 190, §9; Supp, §205A-9; HRS §480-11; am L 1982, c 97, §3; am L 1991, c 212, §7; am L 1997, c 350, §17; am L 1998, c 212, §3; am L 2007, c 249, §23; am L 2010, c 89, §7]
Structure Hawaii Revised Statutes
Title 26. Trade Regulation and Practice
480. Monopolies; Restraint of Trade
480-2 Unfair competition, practices, declared unlawful.
480-3.3 Endless chain schemes.
480-4 Combinations in restraint of trade, price-fixing and limitation of production prohibited.
480-5 Requirements and output contracts; tying agreements.
480-7 Mergers, acquisitions, holdings, and divestitures.
480-8 Interlocking directorates and relationships.
480-10 Exemption of labor organizations.
480-13 Suits by persons injured; amount of recovery, injunctions.
480-13.3 Class actions by private persons.
480-14 Suits by the State; amount of recovery.
480-15 Injunction by attorney general or the director of the office of consumer protection.
480-17 Individual liability for corporate or company act.
480-19 Additional parties defendant.
480-20 Duty of the attorney general; duty of county attorney, etc.
480-22 Judgment in favor of the State as evidence in private action; suspension of limitation.
480-23 Immunity from prosecution.