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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
technical
correction; supplemental environmental project
(NOW: antitrust enforcement; appropriation)
Purpose
Appropriates $1,000,000 from the Antitrust Enforcement Revolving Fund (Antitrust Enforcement Fund) in FY 2022 to the Attorney General (AG) for investigation and enforcement against technology companies.
Background
The AG enforces state and federal
antitrust laws, including the federal Sherman Antitrust Act and the Uniform
State Antitrust Act. Antitrust laws deem unlawful: 1) a contract, combination
or conspiracy in restraint of, or to monopolize, intrastate, interstate or
foreign trade; and
2) establishing or attempting to establish a monopoly of intrastate, interstate
or foreign trade (15
U.S.C. Chapter 1; A.R.S.
Title 44, Chapter 4, Article 1). In any action brought by the AG pertaining
to antitrust, restraint of trade or price-fixing activities for the recovery of
damages, the AG may enter into contracts relating to the investigation and
prosecution of such action with another party plaintiff who has brought a
similar action (A.R.S.
§ 41-192).
The
Antitrust Enforcement Fund is administered by the AG for costs and expenses of
antitrust enforcement. Authorized expenses include filing fees, court costs,
travel, depositions, transcripts, reproduction costs, expert witness fees and
investigations. Antitrust Enforcement Fund monies may not be used to compensate
or employ attorneys or counselors at law except for fixed fees capped at $50
per hour on initial recovery of monies (A.R.S. §§ 41-191;
41-191.01;
and
41-191.02).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Appropriates
$1,000,000 from the Antitrust Enforcement Fund in FY 2022 to the AG to
investigate and bring enforcement actions against technology companies engaging
in
anti-competitive, anti-consumer or monopolistic behavior.
2. Authorizes the AG to use Antitrust Enforcement Fund monies to compensate or employ attorneys or counselors at law for the purposes of antitrust enforcement until July 1, 2023.
3. Exempts the appropriation from lapsing.
4. Contains a statement of legislative intent.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike-everything amendment.
Senate Action
COM 2/10/21 DPA/SE 9-0-0
Prepared by Senate Research
February 22, 2021
LB/MC/kja