§ 79-203. Trust in restraint of trade - Monopoly of trade - Refusal of access to essential facility - Actions by competitors.

A.  Every act, agreement, contract, or combination in the form of a trust, or otherwise, or conspiracy in restraint of trade or commerce within this state is hereby declared to be against public policy and illegal.

B.  It is unlawful for any person to monopolize, attempt to monopolize, or conspire to monopolize any part of trade or commerce in a relevant market within this state.

C.  Without limiting any other section of Title 79 of the Oklahoma Statutes or applicable sections of Title 17 of the Oklahoma Statutes, it is unlawful for any person in control of an essential facility to unreasonably refuse to give a competitor or customer of an entity controlling an essential facility access to it upon reasonable terms if the effect of such denial is to injure competition.  An injured competitor or customer may bring an action under Section 5 of this act to enforce the provisions of this section only when such injured competitor or customer does not have a remedy before the Corporation Commission.

D.  As used in this section:

1.  "Monopolize" means:

a.the possession of monopoly power in the relevant market, and

b.the willful acquisition or maintenance of that power by exclusionary conduct as distinguished from growth or development as a consequence of a superior product and/or service, business acumen, or historic accident;

2.  "Monopoly power" means the power to control market prices or exclude competition; and

3.  "Essential facility" means a facility:

a.which is controlled by an entity that possesses monopoly power,

b.that a competitor would be unable to practically or reasonably duplicate,

c.the use of which has been unreasonably denied to a competitor or a customer of the entity that possesses monopoly power, and

d.that it would be feasible to allow the competitor or customer to use or have access to without causing harm to or unreasonably interfering with the entity that possesses monopoly power.

Added by Laws 1998, c. 356, § 3, eff. July 1, 1998.