S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10323
 
                           I N  A S S E M B L Y
 
                               May 17, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Peoples-
   Stokes) -- read once and referred to the Committee on Economic  Devel-
   opment
 
 AN  ACT  to  amend  the  general business law, in relation to actions or
   practices  that  establish  or  maintain  a  monopoly,  monopsony   or
   restraint  of  trade,  and  in  relation to authorizing a class action
   lawsuit in the state anti-trust law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "Twenty-
 First Century Anti-Trust Act".
   § 2. Legislative findings. The legislature hereby finds  and  declares
 New  York's  great concern with the growing accumulation of power in the
 hands of dominant corporations that harms our marketplace, our  democra-
 cy, and that undermines the power of workers, consumers, and small busi-
 nesses.  It  is time to update, expand, and clarify our laws, consistent
 with the purposes of the  anti-trust  reforms  of  the  early  Twentieth
 Century,  to  police abuses of power by dominant firms.  The legislature
 further finds and declares that unilateral actions which seek to  create
 a  monopoly  or  monopsony  are as harmful as contracts or agreements of
 multiple parties to do the same and should be  treated  similarly  under
 the  law.  Firms  with  monopoly  or monopsony power are contrary to the
 public interest. The legislature further finds and  declares  that  laws
 governing  multi-firm  conduct  should  be  updated, consistent with the
 purposes of anti-trust law, to adequately address  abuses  of  power  by
 dominant  firms  embodied in coercive vertical restraints on small busi-
 nesses, workers,  and  consumers.  The  legislature  further  finds  and
 declares  that  effective  enforcement against unfair competition, espe-
 cially on the part of dominant firms, has been impeded  by  courts,  for
 example,  applying  narrow definitions of monopolies and monopolization,
 limiting the scope of unilateral conduct, making it  excessively  diffi-
 cult  to  challenge  unfair competition and unreasonably heightening the
 legal standards that plaintiffs and government enforcers  must  overcome
 to establish violations of those laws. The legislature further finds and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02939-06-4
 A. 10323                            2
 
 declares  that  one of the purposes of the state's anti-trust laws is to
 ensure that our labor markets are open and fair. The legislature further
 finds and declares that anti-competitive practices harm great numbers of
 citizens  and  therefore  must ensure that those harmed by monopolies or
 monopsonies may seek redress through private enforcement.
   § 3. Section 340 of the general business law, as amended by chapter 12
 of the laws of 1935, subdivision 1 as amended by chapter 893 of the laws
 of 1957, subdivision 2 as amended by chapter 805 of the  laws  of  1984,
 subdivisions  3  and 4 as renumbered by chapter 502 of the laws of 1948,
 subdivision 5 as amended by chapter 333 of the laws of 1975 and subdivi-
 sion 6 as amended by chapter 31 of the laws of 1999, is amended to  read
 as follows:
   §  340.  Contracts  or  agreements  for  monopoly,  MONOPSONY,  or  in
 restraint of trade illegal  and  void.  1.  Every  contract,  agreement,
 arrangement or combination whereby
   A  monopoly  OR  MONOPSONY  in  the  conduct of any business, trade or
 commerce or in the furnishing of any service in this state, is or may be
 established or maintained, or whereby
   Competition or the free exercise of any activity in the conduct of any
 business, trade or commerce or in the furnishing of any service in  this
 state is or may be restrained or whereby
   For  the  purpose  of  establishing  or maintaining any such monopoly,
 MONOPSONY, or unlawfully interfering  with  the  free  exercise  of  any
 activity  in  the  conduct  of any business, trade or commerce or in the
 furnishing of any service in this state any business, trade or  commerce
 or  the  furnishing  of  any  service is or may be restrained, is hereby
 declared to be against public policy, illegal and void.
   2. (A) IT SHALL BE UNLAWFUL FOR ANY PERSON OR PERSONS TO MONOPOLIZE OR
 MONOPSONIZE, OR ATTEMPT TO MONOPOLIZE  OR  MONOPSONIZE,  OR  COMBINE  OR
 CONSPIRE  WITH  ANY OTHER PERSON OR PERSONS TO MONOPOLIZE OR MONOPSONIZE
 ANY BUSINESS, TRADE OR COMMERCE OR THE FURNISHING OF ANY SERVICE IN THIS
 STATE.
   (B) IT SHALL BE UNLAWFUL FOR ANY PERSON OR  PERSONS  WITH  A  DOMINANT
 POSITION IN THE CONDUCT OF ANY BUSINESS, TRADE OR COMMERCE, IN ANY LABOR
 MARKET,  OR IN THE FURNISHING OF ANY SERVICE IN THIS STATE TO ABUSE THAT
 DOMINANT POSITION.   THIS PARAGRAPH SHALL  NOT  APPLY  TO  A  PERSON  OR
 PERSONS THAT ARE INDEPENDENTLY OWNED AND OPERATED AND EMPLOY ONE HUNDRED
 OR FEWER PERSONS.
   (I)  IN  ANY  ACTION BROUGHT UNDER THIS PARAGRAPH, A PERSON'S DOMINANT
 POSITION MAY BE ESTABLISHED BY DIRECT EVIDENCE, INDIRECT EVIDENCE, OR  A
 COMBINATION OF THE TWO.
   (1)  EXAMPLES  OF  DIRECT  EVIDENCE  INCLUDE,  BUT ARE NOT LIMITED TO,
 REDUCTION IN OUTPUT OR IN QUALITY OF GOODS OR SERVICES,  THE  IMPOSITION
 OF  SUPRACOMPETITIVE  PRICES, OR THE ABILITY TO FORCE, INDUCE, OR OTHER-
 WISE COERCE A SUPPLIER TO OFFER A  LOWER  PRICE,  DISCOUNT,  ADVERTISING
 ALLOWANCE,  OR  OTHER  SERVICE  THAN WHAT THE SUPPLIER OFFERS OTHERS. IN
 LABOR MARKETS, EXAMPLES  OF  DIRECT  EVIDENCE  OF  A  DOMINANT  POSITION
 INCLUDE,  BUT ARE NOT LIMITED TO, THE IMPOSITION OF SUBCOMPETITIVE WAGES
 OR WORKING CONDITIONS; THE REPEATED VIOLATION OF LAWS PROTECTING WORKERS
 SUCH AS LABOR LAWS, WAGE-AND-HOUR LAWS, AND WORKPLACE HEALTH AND  SAFETY
 LAWS;  OR THE INTERFERENCE WITH, RESTRAINT OF, OR COERCION OF WORKERS IN
 THE EXERCISE OF THEIR FULL FREEDOM OF ASSOCIATION TO  OBTAIN  ACCEPTABLE
 TERMS AND CONDITIONS OF EMPLOYMENT, INCLUDING THROUGH SELF-ORGANIZATION,
 DESIGNATION  OF  WORKPLACE  REPRESENTATIVES, AND ENGAGEMENT IN CONCERTED
 ACTIVITIES FOR THE PURPOSES OF COLLECTIVE BARGAINING OR OTHER MUTUAL AID
 OR PROTECTION. DIRECT EVIDENCE OF  DOMINANT  POSITION  INCLUDES  CONDUCT
 A. 10323                            3
 
 THAT  IS  CARRIED  OUT  DIRECTLY OR INDIRECTLY THROUGH ANOTHER ENTITY OR
 PERSON SUCH AS AN INDEPENDENT CONTRACTOR OR OTHER INTERMEDIARY.
   (2)  A  PERSON'S DOMINANT POSITION MAY ALSO BE ESTABLISHED BY INDIRECT
 EVIDENCE SUCH AS THE PERSON'S SHARE OF A RELEVANT MARKET. A  PERSON  WHO
 HAS A SHARE OF FORTY PERCENT OR GREATER OF A RELEVANT MARKET AS A SELLER
 SHALL  BE PRESUMED TO HAVE A DOMINANT POSITION IN THAT MARKET UNDER THIS
 PARAGRAPH. A PERSON WHO HAS A SHARE OF THIRTY PERCENT OR  GREATER  OF  A
 RELEVANT MARKET AS A BUYER SHALL BE PRESUMED TO HAVE A DOMINANT POSITION
 IN THAT MARKET UNDER THIS PARAGRAPH. WHEN DETERMINING A RELEVANT MARKET,
 COURTS  SHALL EXAMINE FACTORS INCLUDING, BUT NOT LIMITED TO, INDUSTRY OR
 PUBLIC RECOGNITION OF THE MARKET AS SEPARATE AND DISTINCT, THE PRODUCT'S
 PECULIAR  CHARACTERISTICS  AND  USES,  UNIQUE   PROTECTION   FACILITIES,
 DISTINCT  CUSTOMERS,  DISTINCT PRICES, SENSITIVITY TO PRICE CHANGES, AND
 SPECIALIZED VENDORS.
   (3) IF DIRECT EVIDENCE IS SUFFICIENT TO DEMONSTRATE THAT A PERSON  HAS
 A  DOMINANT  POSITION  OR  HAS ABUSED SUCH A DOMINANT POSITION, NO COURT
 SHALL REQUIRE DEFINITION OF A RELEVANT MARKET IN ORDER TO  EVALUATE  THE
 EVIDENCE,  FIND  LIABILITY,  OR  FIND THAT A CLAIM HAS BEEN STATED UNDER
 THIS PARAGRAPH.
   (II) IN ANY ACTION BROUGHT UNDER THIS PARAGRAPH, ABUSE OF  A  DOMINANT
 POSITION MAY INCLUDE, BUT IS NOT LIMITED TO, CONDUCT THAT TENDS TO FORE-
 CLOSE  OR LIMIT THE ABILITY OR INCENTIVE OF ONE OR MORE ACTUAL OR POTEN-
 TIAL COMPETITORS TO COMPETE, SUCH AS LEVERAGING A DOMINANT  POSITION  IN
 ONE  MARKET  TO LIMIT COMPETITION IN A SEPARATE MARKET; REFUSING TO DEAL
 WITH ANOTHER PERSON WITH THE EFFECT OF UNNECESSARILY EXCLUDING OR HANDI-
 CAPPING ACTUAL OR POTENTIAL COMPETITORS; COERCING THE PURCHASER  OF  ONE
 PRODUCT,  SERVICE,  OR  CONTRACT INTO PURCHASING OR OBTAINING A SEPARATE
 AND DISTINCT PRODUCT, SERVICE, OR CONTRACT; OR ENGAGING IN, OR  COERCING
 A  THIRD  PARTY  INTO, AN EXCLUSIVE AGREEMENT OR CONTRACT THAT SERVES TO
 FORECLOSE OR INCREASE COSTS FOR A COMPETITOR. IN  LABOR  MARKETS,  ABUSE
 MAY INCLUDE, BUT IS NOT LIMITED TO, IMPOSING RESTRAINTS, DIRECT OR INDI-
 RECT,  ON THE MOBILITY OF WORKERS BETWEEN EMPLOYERS OR ON THE ABILITY OF
 WORKERS TO SEEK EMPLOYMENT  FROM  MULTIPLE  EMPLOYERS;  RESTRICTING  THE
 FREEDOM  OF  WORKERS  AND  INDEPENDENT  CONTRACTORS TO DISCLOSE WAGE AND
 BENEFIT INFORMATION; AND WAGE DISCRIMINATION BASED ON ANY UNDISCLOSED OR
 HIDDEN CONSIDERATIONS.
   (C) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE
 FOLLOWING RESTRAINTS ARE PRESUMED TO BE ILLEGAL WHEN ENGAGED IN BY DOMI-
 NANT FIRMS:
   (1) ANY RESTRAINT THAT REQUIRES ANOTHER PERSON TO DEAL EXCLUSIVELY  OR
 PRIMARILY  WITH THE FIRM IMPOSING THE RESTRAINT OR ANOTHER PERSON SPECI-
 FIED BY THAT FIRM OR ANY RESTRAINT THAT  HAS  THE  NECESSARY  EFFECT  OF
 REQUIRING  ANOTHER PERSON TO DEAL EXCLUSIVELY OR PRIMARILY WITH THE FIRM
 IMPOSING THE RESTRAINT OR ANOTHER PERSON SPECIFIED BY THAT FIRM;
   (2) ANY RESTRAINT THAT CONDITIONS THE SALE OR PURCHASE OF ANY  PRODUCT
 OR  SERVICES  ON  AN  AGREEMENT  TO  SELL OR PURCHASE ANOTHER PRODUCT OR
 SERVICE;
   (3) ANY RESTRAINT ON A PERSON'S ABILITY TO  ENGAGE  IN  A  PROFESSION,
 TRADE,  OR  BUSINESS  OF ANY KIND, INCLUDING ANY RESTRAINT ON A PERSON'S
 ABILITY TO EMPLOY ANOTHER PERSON;
   (4) ANY RESTRAINT ON THE PRICES OR WAGES OFFERED BY ANOTHER FIRM;
   (5) ANY RESTRAINT ON ANOTHER  FIRM'S  RIGHT  TO  INDEPENDENTLY  DECIDE
 WHETHER  TO  RECOGNIZE A UNION OF ITS EMPLOYEES OR TO OTHERWISE AGREE TO
 NEGOTIATE WITH ITS EMPLOYEES COLLECTIVELY OVER TERMS AND  CONDITIONS  OF
 EMPLOYMENT;
 A. 10323                            4
 
   (6)  ANY  RESTRAINT  THAT  THE  ATTORNEY  GENERAL, THROUGH RULEMAKING,
 DETERMINES POSES A SUBSTANTIAL RISK OF HARMING COMPETITION THAT  IS  NOT
 ALREADY PRESUMED ILLEGAL;
   (7)  ANY  ADDITIONAL  RESTRAINT  THAT THE ATTORNEY GENERAL DETERMINES,
 THROUGH RULEMAKING, GENERALLY SERVES NO LEGITIMATE BUSINESS PURPOSE THAT
 CANNOT BE ACHIEVED IN SOME LESS RESTRICTIVE WAY.
   (II) SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY IF THE DEFEND-
 ANT ESTABLISHES, BY CLEAR AND CONVINCING EVIDENCE, THAT THE PRO-COMPETI-
 TIVE BENEFITS OF THE CHALLENGED CONDUCT (1) ARE ACHIEVABLE ONLY  THROUGH
 THAT  CONDUCT  AND  (2) OUTWEIGH THAT CONDUCT'S HARM TO COMPETITION. THE
 HARM TO COMPETITION IN ONE MARKET FROM THE CHALLENGED CONDUCT MAY NOT BE
 OFFSET BY PURPORTED BENEFITS IN A SEPARATE MARKET; AND  THE  HARM  TO  A
 PERSON  OR  PERSONS  FROM  THE  CHALLENGED  CONDUCT MAY NOT BE OFFSET BY
 PURPORTED BENEFITS TO ANOTHER PERSON OR PERSONS.
   (D) (I) THE ATTORNEY GENERAL IS HEREBY EMPOWERED TO ADOPT, PROMULGATE,
 AMEND, AND REPEAL RULES, AS SUCH TERM IS DEFINED  IN  PARAGRAPH  (A)  OF
 SUBDIVISION  TWO  OF SECTION ONE HUNDRED TWO OF THE STATE ADMINISTRATIVE
 PROCEDURE ACT, TO CARRY OUT THE PURPOSES OF PARAGRAPH (B) OF THIS SUBDI-
 VISION, INCLUDING THOSE CONSIDERATIONS SPECIFIED  IN  THE  FINDINGS  AND
 DECLARATIONS OF THE LEGISLATURE FOR THIS ACT.
   (II)  BEFORE  ANY  SUCH  RULE SHALL TAKE EFFECT, AT SUCH TIME THAT THE
 ATTORNEY GENERAL IS PREPARED TO FILE A NOTICE OF  ADOPTION  PURSUANT  TO
 SUBDIVISION  FIVE OF SECTION TWO HUNDRED TWO OF THE STATE ADMINISTRATIVE
 PROCEDURE ACT, THE ATTORNEY GENERAL SHALL TRANSMIT A COPY OF THE RULE IN
 ITS FINAL FORM TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE  SPEAKER
 OF THE ASSEMBLY AND, IN ADDITION, SHALL PROVIDE ANY RELEVANT INFORMATION
 REGARDING THE NEED FOR SUCH RULE. SUCH PROPOSED RULE, OR PROPOSED REPEAL
 OF  A  RULE,  IS SUBJECT TO THE DENIAL BY BOTH HOUSES OF THE LEGISLATURE
 AND SHALL TAKE THE FORM OF A RESOLUTION. EACH HOUSE OF  THE  LEGISLATURE
 SHALL  HAVE  SIXTY DAYS FOLLOWING THE TRANSMISSION OF SUCH RULE TO ISSUE
 DENIAL BY RESOLUTION OR TAKE NO ACTION. SUCH RULE SHALL NOT TAKE  EFFECT
 IF  BOTH  HOUSES PASS A RESOLUTION DENYING SUCH PROPOSED RULE WITHIN THE
 TIME PRESCRIBED BY THIS SUBPARAGRAPH.
   (III) THE ATTORNEY GENERAL SHALL ISSUE GUIDANCE ON HOW IT WILL ACHIEVE
 THE PURPOSES OF PARAGRAPH (B) OF THIS SUBDIVISION.  THE ATTORNEY GENERAL
 MAY ISSUE OTHER GUIDANCE WITH RESPECT TO PARAGRAPH (B) OF THIS  SUBDIVI-
 SION.
   (IV) NOTHING IN THIS SECTION SHALL BE DEEMED TO DIMINISH THE JURISDIC-
 TION OF THE PUBLIC SERVICE COMMISSION.
   3. Subject to the exceptions hereinafter provided in this section, the
 provisions  of  this  article shall apply to licensed insurers, licensed
 insurance  agents,  licensed  insurance  brokers,  licensed  independent
 adjusters  and other persons and organizations subject to the provisions
 of the insurance law, to the extent not regulated by provisions of arti-
 cle twenty-three of the insurance law; and further provided, that  noth-
 ing  in  this  section  shall  apply to the marine insurances, including
 marine  protection  and  indemnity  insurance  and  marine  reinsurance,
 exempted  from  the  operation  of article twenty-three of the insurance
 law.
   [3.] 4. The provisions of this article shall not apply to  cooperative
 associations,  corporate  or otherwise, of farmers, gardeners, or dairy-
 men, including live stock farmers and fruit growers, nor  to  contracts,
 agreements  or  arrangements made by such associations, nor to bona fide
 labor unions, NOR TO THE CREATION, PRODUCTION, AND  DISSEMINATION  OF  A
 SINGLE  EXPRESSIVE  WORK  THAT IS COPYRIGHTED, INCLUDING BUT NOT LIMITED
 TO, A STREAMING SERIES, TELEVISION PROGRAMS AND/OR MOTION PICTURES.
 A. 10323                            5
 
   [4.] 5. The labor of human beings shall not be deemed or held to be  a
 commodity  or article of commerce as such terms are used in this section
 and nothing herein contained shall be deemed to prohibit or restrict the
 right of workingmen, INCLUDING EMPLOYEES AND INDEPENDENT CONTRACTORS, to
 combine in unions, organizations and associations, not organized for the
 purpose  of  profit,  TO  ESTABLISH  OR MAINTAIN UNION APPRENTICESHIP OR
 TRAINING PROGRAMS THAT MAY LEAD TO ANY GOVERNMENT-ISSUED TRADE  LICENSE,
 OR  TO  BARGAIN  COLLECTIVELY  CONCERNING  THEIR WAGES AND THE TERMS AND
 CONDITIONS OF THEIR EMPLOYMENT. NOTHING IN THIS SECTION SHALL BE  DEEMED
 TO  PREVENT  OR  CREATE  LIABILITY WITH RESPECT TO ANY ACTIONS TO COMPLY
 WITH ARTICLE EIGHT OR NINE OF THE LABOR  LAW.  A  BONA  FIDE  COLLECTIVE
 BARGAINING  AGREEMENT,  PROJECT  LABOR  AGREEMENT OR ANY OTHER AGREEMENT
 LAWFUL UNDER 29 U.S.C. 158(F), AS AMENDED, OR ANY  TERM  THEREIN,  SHALL
 NOT  BE  CONSIDERED  EVIDENCE  OF  A  VIOLATION  OR DOMINANCE UNDER THIS
 SECTION.  PROJECT LABOR AGREEMENT SHALL HAVE THE  MEANING  SPECIFIED  IN
 SECTION  TWO HUNDRED TWENTY-TWO OF THE LABOR LAW.
   [5.]  6.  An  action  to recover damages caused by a violation of this
 section must be commenced within four years after the  cause  of  action
 has accrued. The state, or any political subdivision or public authority
 of  the  state, or any person who shall sustain damages by reason of any
 violation of this section, shall recover three-fold the  actual  damages
 sustained  thereby, as well as costs not exceeding ten thousand dollars,
 and reasonable attorneys' fees. At or before  the  commencement  of  any
 civil  action by a party other than the attorney-general for a violation
 of this section, notice thereof shall be served upon the attorney-gener-
 al. Where the aggrieved party  is  a  political  subdivision  or  public
 authority  of the state, notice of intention to commence an action under
 this section must be served upon the attorney-general at least ten  days
 prior  to  the commencement of such action. This section shall not apply
 to any action commenced prior to the effective date of this act.
   [6.] 7. In any action pursuant to this  section,  the  fact  that  the
 state, or any political subdivision or public authority of the state, or
 any  person  who  has  sustained  damages by reason of violation of this
 section has not dealt directly with  the  defendant  shall  not  bar  or
 otherwise limit recovery; provided, however, that in any action in which
 claims  are  asserted  against  a  defendant by both direct and indirect
 purchasers, the court shall take all steps necessary to avoid  duplicate
 liability,  including  but not limited to the transfer and consolidation
 of all related actions.  In  actions  where  both  direct  and  indirect
 purchasers  are  involved,  a  defendant shall be entitled to prove as a
 partial or complete defense to a claim  for  damages  that  the  illegal
 overcharge  has  been passed on to others who are themselves entitled to
 recover so as to avoid duplication of recovery of damages.
   8.  ANY PERSON HARMED BY THIS  SECTION,  WHETHER  HARMED  DIRECTLY  OR
 INDIRECTLY BY THE PURPORTED VIOLATION, SHALL BE ENTITLED TO BRING SUIT.
   9.  ANY  DAMAGES RECOVERABLE PURSUANT TO THIS SECTION MAY BE RECOVERED
 IN ANY ACTION WHICH A COURT MAY AUTHORIZE  TO  BE  BROUGHT  AS  A  CLASS
 ACTION PURSUANT TO ARTICLE NINE OF THE CIVIL PRACTICE LAW AND RULES.
   10.  AN  ARRANGEMENT,  AS THIS TERM IS USED IN THIS ARTICLE, INCLUDES,
 BUT IS NOT LIMITED TO, A CONTRACT, COMBINATION, AGREEMENT OR CONSPIRACY.
   11. (A) ANY PERSON CONDUCTING BUSINESS IN THE STATE WHICH IS  REQUIRED
 TO  FILE THE NOTIFICATION AND REPORT FORM FOR CERTAIN MERGERS AND ACQUI-
 SITIONS PURSUANT TO THE HART-SCOTT-RODINO  ANTITRUST IMPROVEMENTS ACT OF
 1976, 15 U.S.C. S. 18A (A), SHALL PROVIDE THE SAME NOTICE AND DOCUMENTA-
 TION IN ITS ENTIRETY TO THE ATTORNEY  GENERAL  AT  THE  SAME  TIME  THAT
 NOTICE  IS  FILED  WITH  THE  FEDERAL TRADE COMMISSION AND THE ASSISTANT
 A. 10323                            6

 ATTORNEY GENERAL IN CHARGE OF THE ANTITRUST DIVISION OF  THE  DEPARTMENT
 OF JUSTICE.
   (B)    THE  FOLLOWING  CLASSES  OF  TRANSACTIONS  ARE  EXEMPT FROM THE
 REQUIREMENTS OF THIS SECTION:
   (I) ACQUISITIONS OF GOODS OR REALTY TRANSFERRED IN THE ORDINARY COURSE
 OF BUSINESS;
   (II) THE CREATION, PRODUCTION, AND DISSEMINATION OF A  SINGLE  EXPRES-
 SIVE WORK THAT IS COPYRIGHTED, INCLUDING BUT NOT LIMITED TO, A STREAMING
 SERIES, TELEVISION PROGRAMS AND/OR MOTION PICTURES;
   (III) ACQUISITIONS OF BONDS, MORTGAGES, DEEDS OF TRUST, OR OTHER OBLI-
 GATIONS WHICH ARE NOT VOTING SECURITIES;
   (IV)  TRANSFERS  TO  OR  FROM A FEDERAL AGENCY OR A STATE OR POLITICAL
 SUBDIVISION THEREOF;
   (V) TRANSACTIONS SPECIFICALLY EXEMPTED FROM  THE  PROVISIONS  OF  THIS
 ARTICLE;
   (VI)  TRANSACTIONS  BY, BETWEEN, OR AMONG MANUFACTURING, IMPORTING, OR
 WHOLESALE BUSINESSES THAT ARE DIRECTLY REGULATED BY THE NEW  YORK  STATE
 LIQUOR AUTHORITY; AND
   (VII)  SUCH  OTHER ACQUISITIONS, TRANSFERS, OR TRANSACTIONS, AS MAY BE
 EXEMPTED UNDER PARAGRAPH (F) OF THIS SUBDIVISION HEREUNDER.
   (C) ANY INFORMATION OR DOCUMENTARY MATERIAL FILED  WITH  THE  ATTORNEY
 GENERAL  PURSUANT  TO  THIS  SUBDIVISION SHALL BE EXEMPT FROM DISCLOSURE
 UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW, AND NO SUCH INFORMATION OR
 DOCUMENTARY MATERIAL MAY BE MADE PUBLIC, EXCEPT AS MAY  BE  RELEVANT  TO
 ANY ADMINISTRATIVE OR JUDICIAL ACTION OR PROCEEDING.
   (D)  ANY  PERSON,  OR  ANY  OFFICER, DIRECTOR, OR PARTNER THEREOF, WHO
 FAILS TO COMPLY WITH ANY PROVISION OF THIS SUBDIVISION SHALL  BE  LIABLE
 TO  THE  STATE FOR A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS
 FOR EACH DAY DURING WHICH SUCH PERSON IS IN VIOLATION OF  THIS  SECTION.
 SUCH  PENALTY MAY BE RECOVERED IN A CIVIL ACTION BROUGHT BY THE ATTORNEY
 GENERAL.
   (E) IN CONSIDERING ANY TRANSACTION UNDER THIS SUBDIVISION, THE  ATTOR-
 NEY  GENERAL SHALL CONSIDER SUCH TRANSACTION'S EFFECTS ON LABOR MARKETS,
 INCLUDING BUT NOT LIMITED TO EFFECTS ON WORKERS'  COUNTERVAILING  LEVER-
 AGE,  BY  ESTABLISHING A PROCESS FOR AFFECTED WORKERS OR REPRESENTATIVES
 DESIGNATED BY AFFECTED WORKERS TO MEANINGFULLY COMMENT  ON  SUCH  TRANS-
 ACTIONS WITHIN TEN DAYS FOLLOWING THE FILING OF THE TRANSACTING PARTIES'
 NOTICE AND DOCUMENTATION OF THEIR INTENDED TRANSACTION PURSUANT TO PARA-
 GRAPH  (A)  OF  SUBDIVISION ELEVEN OF THIS SECTION. THE ATTORNEY GENERAL
 SHALL ESTABLISH THIS NEW PROCESS WITHIN NINETY DAYS FOLLOWING THE EFFEC-
 TIVE DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  TWENTY-FOUR  THAT
 AMENDED THIS SECTION.
   (F) THE ATTORNEY GENERAL IS HEREBY EMPOWERED TO:
   (I) DEFINE THE TERMS USED IN THIS SUBDIVISION;
   (II)  EXEMPT,  FROM  THE  REQUIREMENTS OF THIS SUBDIVISION, CLASSES OF
 PERSONS, ACQUISITIONS, TRANSFERS, OR TRANSACTIONS WHICH ARE  NOT  LIKELY
 TO VIOLATE THE PROVISIONS OF THIS ARTICLE; AND
   (III)  ADOPT,  PROMULGATE,  AMEND,  AND  RESCIND OTHER RULES AND REGU-
 LATIONS TO CARRY OUT THE PURPOSES OF THIS SUBDIVISION.
   § 4. Section 341 of the general business law, as  amended  by  chapter
 333 of the laws of 1975, is amended to read as follows:
   §  341.  Penalty. Every person or corporation, or any officer or agent
 thereof, who shall [make or attempt to  make  or  enter  into  any  such
 contract, agreement, arrangement or combination or who within this state
 shall]  do OR ATTEMPT TO DO, WITHIN THIS STATE, any act [pursuant there-
 to] DECLARED UNLAWFUL UNDER SUBDIVISION ONE AND PARAGRAPH (A) OF  SUBDI-
 A. 10323                            7

 VISION TWO OF SECTION THREE HUNDRED FORTY OF THIS ARTICLE, or in, toward
 or for the consummation thereof[, wherever the same may have been made],
 is guilty of a class [E] D felony, and on conviction thereof shall, if a
 natural  person,  be punished by a fine not exceeding one [hundred thou-
 sand] MILLION dollars, or by  imprisonment  for  not  longer  than  four
 years, or by both such fine and imprisonment; and if a corporation, by a
 fine  of  not  exceeding  one  HUNDRED million dollars. An indictment or
 information based on a violation  of  any  of  the  provisions  of  this
 section must be found within [three] FIVE years after its commission. No
 criminal  proceeding barred by prior limitation shall be revived by this
 act.
   § 5. Section 342-a of the general business law, as amended by  chapter
 275 of the laws of 1962, is amended to read as follows:
   § 342-a. Recovery of civil penalty by attorney-general. In lieu of any
 penalty  otherwise  prescribed  for  a  violation of a provision of this
 article and in addition to an action pursuant to section  three  hundred
 forty-two  of  this article, the attorney-general may bring an action in
 the name and in behalf of the people of the state  against  any  person,
 trustee,  director,  manager or other officer or agent of a corporation,
 or against a corporation, foreign or domestic, to recover a  penalty  in
 the sum specified in section three hundred forty-one of this article for
 the  doing  in  this state of any act [herein] declared to be illegal IN
 THIS ARTICLE, or any act in, toward or for the making or consummation of
 any contract, agreement, arrangement or combination [herein]  prohibited
 BY  THIS  ARTICLE, wherever the same may have been made. The action must
 be brought within [three] FIVE years after the  commission  of  the  act
 upon which it is based.
   §  6. Section 342-b of the general business law, as amended by chapter
 420 of the laws of 1975, is amended to read as follows:
   § 342-b. Recovery of damages  by  attorney  general.  In  addition  to
 existing  statutory  AND  COMMON  LAW authority to bring such actions on
 behalf of the state, [and] public authorities, AND RESIDENT PERSONS  AND
 ENTITIES,  the  attorney  general may also bring action on behalf of any
 political subdivision or public authority of the state upon the  request
 of such political subdivision or public authority, OR IN THE NAME OF THE
 STATE, AS PARENS PATRIAE, ON BEHALF OF PERSONS AND OTHER ENTITIES RESID-
 ING  IN  THE  STATE  OF  NEW  YORK, to recover damages for violations of
 section three hundred forty of  this  article,  or  to  recover  damages
 provided  for  by  federal  law  for violations of the federal antitrust
 laws. In any class action the attorney general may bring  on  behalf  of
 [these  or  other  subordinate]  governmental entities, any governmental
 entity that does not affirmatively exclude itself from the action,  upon
 due notice thereof, shall be deemed to have requested to be treated as a
 member  of  the class represented in that action.  The attorney general,
 on behalf of the state of New York, shall be entitled to retain from any
 moneys recovered  in  such  actions  the  costs  and  expenses  of  such
 services.
   § 7. The general business law is amended by adding a new section 342-d
 to read as follows:
   §  342-D.  RECOVERY  OF  EXPERT  WITNESSES' FEES AND COSTS BY ATTORNEY
 GENERAL AND PRIVATE LITIGANTS. IN ANY ACTION ALLEGING A VIOLATION  OF  A
 PROVISION  OF  THIS ARTICLE, INCLUDING ACTIONS BROUGHT UNDER SUBDIVISION
 TWELVE OF SECTION SIXTY-THREE OF THE EXECUTIVE LAW, THE ATTORNEY GENERAL
 AND PRIVATE LITIGANTS SHALL RECOVER REASONABLE FEES AND  COSTS  FOR  ITS
 EXPERT  WITNESSES  AND  CONSULTANTS  IF  THE ATTORNEY GENERAL OR PRIVATE
 LITIGANTS PREVAIL IN SUCH ACTION.
 A. 10323                            8
 
   § 8. The general business law is amended by adding a new  section  348
 to read as follows:
   § 348. PROHIBITION ON UNFAIR METHODS OF COMPETITION. 1. UNFAIR METHODS
 OF  COMPETITION  ARE  HEREBY DECLARED UNLAWFUL. AS USED IN THIS SECTION,
 "UNFAIR METHODS OF COMPETITION" SHALL MEAN AND INCLUDE ANY ACT OR  PRAC-
 TICE  THAT  THREATENS  AN  INCIPIENT  VIOLATION OF AN ANTI-TRUST LAW, OR
 VIOLATES THE POLICY OR SPIRIT OF AN ANTI-TRUST LAW BECAUSE  ITS  EFFECTS
 ARE  COMPARABLE  TO  OR THE SAME AS A VIOLATION OF THE LAW, OR OTHERWISE
 SIGNIFICANTLY THREATENS OR HARMS COMPETITION.
   2. THE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY THROUGH RULEMAKING TO
 DECLARE CERTAIN CONDUCT OR PRACTICES AS UNFAIR METHODS OF COMPETITION.
   § 9. Severability. If any provision of this act,  or  the  application
 thereof  to  any person or circumstances, is held invalid or unconstitu-
 tional, that invalidity or unconstitutionality shall  not  affect  other
 provisions  or applications of this act that can be given effect without
 the invalid or unconstitutional provision or application,  and  to  this
 end the provisions of this act are severable.
   § 10. This act shall take effect immediately.