S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    335
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by Sens. GIANARIS, SALAZAR, HOYLMAN-SIGAL, JACKSON, KAVANAGH,
   MAY,  SEPULVEDA -- read twice and ordered printed, and when printed to
   be committed to the Committee on Consumer Protection
 
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00787-01-5
 S. 335                              2
 
 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
 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
 S. 335                              3
 
 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
 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;
 S. 335                              4
 
   (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;
   (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,
 S. 335                              5
 
 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.
   [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-
 S. 335                              6
 
 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
 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:
 S. 335                              7
 
   §  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-
 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
 S. 335                              8
 
 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.
   § 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.