Section 45.50.572. Exemptions.

   (a) AS 45.50.562 - 45.50.596 do not forbid the existence or operation of labor, agricultural, horticultural, or marine pilot organizations created for the purpose of mutual help, and not conducted for profit, or forbid or restrain members of those organizations from lawfully carrying out the legitimate objectives of them; nor are these organizations or members illegal combinations or conspiracies in restraint of trade under the provisions of AS 45.50.562 - 45.50.596.
   (b) AS 45.50.562 - 45.50.596 do not forbid actions or arrangements authorized or regulated under the laws of the United States that exempt these actions or arrangements from application of the antitrust laws of the United States or under the following statutes of this state:
        (1) AS 06.05.235 and 06.05.570;
        (2) AS 10.15; and
        (3) AS 31.05.110.
   (c) AS 45.50.562 - 45.50.596 do not forbid persons engaged in the fishing industry as fishermen who catch, collect, or cultivate aquatic products from acting together in associations for the purpose of collectively catching, producing, preparing for market, processing, handling, and marketing their product. Associations may have marketing agencies in common and may make contracts and agreements necessary to achieve the purposes of this subsection. In this subsection, "association" means an association, corporate or otherwise, with or without capital stock, that
        (1) is operated for the mutual benefit of its members;
        (2) does not deal in the aquatic products of nonmembers to an amount greater in value than the association handles for its members; and
        (3) either
             (A) does not allow a member of the association more than one vote because of the amount of stock or membership capital the member may own in the association; or
             (B) does not pay dividends on stock or membership capital in excess of eight percent a year.
   (d) AS 45.50.562 - 45.50.596 apply to long distance telecommunications services provided by public utilities.  AS 45.50.562 - 45.50.596 do not apply to other services provided by public utilities that  have been issued a certificate of public convenience and necessity under AS 42.05.
   (e)   [Repealed, Sec. 68 ch 21 SLA 1985].
   (f)   [Repealed, Sec. 10 ch 75 SLA 1982].
   (g) AS 45.50.562  -  45.50.596 do not forbid activities expressly required by a regulatory agency of the state. Activities permitted by a regulatory agency of the state are not forbidden by this chapter if the regulatory agency has given due consideration to the possible anticompetitive effects before permitting the activities, and enforcement of the provisions of AS 45.50.562  - 45.50.596 would be disruptive of the regulatory scheme.
   (h) AS 45.50.562  -  45.50.596 do not forbid actions or arrangements necessary to carry out the provisions of the Alaska Native Claims Settlement Act.
   (i) AS 45.50.562 - 45.50.596 do not prohibit activities of the Alaska Housing Finance Corporation to stabilize the market price of and demand for residential housing in the state under AS 18.56.210.
   (j) AS 45.50.562 - 45.50.596 do not forbid persons engaged in the fishing industry as fishermen, including fishermen acting through associations allowed under (c) of this section, from collectively agreeing with fish processors, including fish processors acting through associations of processors, on the (1) price paid to the fishermen for aquatic products; and (2) minimum price that fish processors will accept for the sale of processed aquatic products. Nothing in this subsection allows fish processors to agree among themselves on the price paid to fishermen or the minimum price that fish processors will accept for the sale of processed aquatic products if fishermen did not participate in the making of the agreement and are not a party to the agreement.
   (k) AS 45.50.562 - 45.50.596 do not apply to action taken by a person to comply with AS 45.25 or to action refrained from by a person in order to comply with AS 45.25 (motor vehicle transactions).
   (l) AS 45.50.562 - 45.50.596 do not forbid the existence or operation of organizations of physicians acting in accordance with AS 23.50, or forbid or restrain members of those organizations from lawfully carrying out the legitimate objectives of them; nor are these organizations or members illegal combinations or conspiracies in restraint of trade under the provisions of AS 45.50.562 - 45.50.596.

Authorities

8.62.040

Notes

References

AS 8.62.040 .040">Sec. 08.62.040. Powers, duties, and limitations.

History

(Sec. 1 ch 53 SLA 1975; am Sec. 10 ch 75 SLA 1982; am Sec. 68 ch 21 SLA 1985; am Sec. 3 ch 147 SLA 1988; am Sec. 6 ch 93 SLA 1990; am Sec. 29 ch 89 SLA 1991; am Sec. 101 ch 26 SLA 1993; am Sec. 1, 2 ch 45 SLA 1995; am Sec. 2 ch 68 SLA 2002; am Sec. 12 ch 79 SLA 2002)