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90_HB1146
740 ILCS 10/5 from Ch. 38, par. 60-5
Amends the Illinois Antitrust Act to remove the exemption
under that Act for telecommunications carriers. Effective
immediately.
LRB9005057JSgc
LRB9005057JSgc
1 AN ACT to amend the Illinois Antitrust Act by changing
2 Section 5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Antitrust Act is amended by
6 changing Section 5 as follows:
7 (740 ILCS 10/5) (from Ch. 38, par. 60-5)
8 Sec. 5. No provisions of this Act shall be construed to
9 make illegal:
10 (1) the activities of any labor organization or of
11 individual members thereof which are directed solely to labor
12 objectives which are legitimate under the laws of either the
13 State of Illinois or the United States;
14 (2) the activities of any agricultural or horticultural
15 cooperative organization, whether incorporated or
16 unincorporated, or of individual members thereof, which are
17 directed solely to objectives of such cooperative
18 organizations which are legitimate under the laws of either
19 the State of Illinois or the United States;
20 (3) the activities of any public utility or
21 telecommunications carrier, as defined in Section Sections
22 3-105 and 13-202 of the Public Utilities Act, to the extent
23 that such activities are subject to the jurisdiction of the
24 Illinois Commerce Commission, or to the activities of
25 telephone mutual concerns referred to in Section 13-202 of
26 the Public Utilities Act to the extent such activities relate
27 to the providing and maintenance of telephone service to
28 owners and customers;
29 (4) the activities (including, but not limited to, the
30 making of or participating in joint underwriting or joint
31 reinsurance arrangement) of any insurer, insurance agent,
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1 insurance broker, independent insurance adjuster or rating
2 organization to the extent that such activities are subject
3 to regulation by the Director of Insurance of this State
4 under, or are permitted or are authorized by, the Insurance
5 Code or any other law of this State;
6 (5) the religious and charitable activities of any
7 not-for-profit corporation, trust or organization established
8 exclusively for religious or charitable purposes, or for both
9 purposes;
10 (6) the activities of any not-for-profit corporation
11 organized to provide telephone service on a mutual or
12 co-operative basis or electrification on a co-operative
13 basis, to the extent such activities relate to the marketing
14 and distribution of telephone or electrical service to owners
15 and customers;
16 (7) the activities engaged in by securities dealers who
17 are (i) licensed by the State of Illinois or (ii) members of
18 the National Association of Securities Dealers or (iii)
19 members of any National Securities Exchange registered with
20 the Securities and Exchange Commission under the Securities
21 Exchange Act of 1934, as amended, in the course of their
22 business of offering, selling, buying and selling, or
23 otherwise trading in or underwriting securities, as agent,
24 broker, or principal, and activities of any National
25 Securities Exchange so registered, including the
26 establishment of commission rates and schedules of charges;
27 (8) the activities of any board of trade designated as a
28 "contract market" by the Secretary of Agriculture of the
29 United States pursuant to Section 5 of the Commodity Exchange
30 Act, as amended;
31 (9) the activities of any motor carrier, rail carrier,
32 or common carrier by pipeline, as defined in The Illinois
33 Commercial Transportation Law of The Illinois Vehicle Code,
34 as amended, to the extent that such activities are permitted
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1 or authorized by the Act or are subject to regulation by the
2 Illinois Commerce Commission;
3 (10) the activities of any state or national bank to the
4 extent that such activities are regulated or supervised by
5 officers of the state or federal government under the banking
6 laws of this State or the United States;
7 (11) the activities of any state or federal savings and
8 loan association to the extent that such activities are
9 regulated or supervised by officers of the state or federal
10 government under the savings and loan laws of this State or
11 the United States;
12 (12) the activities of any bona fide not-for-profit
13 association, society or board, of attorneys, practitioners of
14 medicine, architects, engineers, land surveyors or real
15 estate brokers licensed and regulated by an agency of the
16 State of Illinois, in recommending schedules of suggested
17 fees, rates or commissions for use solely as guidelines in
18 determining charges for professional and technical services;
19 (13) Conduct involving trade or commerce (other than
20 import trade or import commerce) with foreign nations unless:
21 (a) such conduct has a direct, substantial, and
22 reasonably foreseeable effect:
23 (i) on trade or commerce which is not trade or commerce
24 with foreign nations, or on import trade or import commerce
25 with foreign nations; or
26 (ii) on export trade or export commerce with foreign
27 nations of a person engaged in such trade or commerce in the
28 United States; and
29 (b) such effect gives rise to a claim under the
30 provisions of this Act, other than this subsection (13).
31 (c) If this Act applies to conduct referred to in this
32 subsection (13) only because of the provisions of paragraph
33 (a)(ii), then this Act shall apply to such conduct only for
34 injury to export business in the United States which affects
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1 this State; or
2 (14) the activities of a unit of local government or
3 school district and the activities of the employees, agents
4 and officers of a unit of local government or school
5 district.
6 (Source: P.A. 85-553.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.