SB0343eng 104TH GENERAL ASSEMBLY

SB0343 Engrossed LRB104 06462 JRC 16498 b

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Antitrust Act is amended by changing Sections 3 and 4 as follows:

(740 ILCS 10/3) (from Ch. 38, par. 60-3)

Sec. 3. Every person shall be deemed to have committed a violation of this Act who shall:

(1) Make any contract with, or engage in any combination or conspiracy with, any other person who is, or but for a prior agreement would be, a competitor of such person:

a. for the purpose or with the effect of fixing, controlling, or maintaining the price or rate charged for any commodity sold or bought by the parties thereto, or the fee charged or paid for any service performed or received by the parties thereto;

b. fixing, controlling, maintaining, limiting, or discontinuing the production, manufacture, mining, sale or supply of any commodity, or the sale or supply of any service, for the purpose or with the effect stated in paragraph a. of subsection (1);

c. allocating or dividing customers, territories, supplies, sales, or markets, functional or geographical, for any commodity or service; or

d. for the purpose or with the effect of fixing, controlling, or maintaining rental pricing, fees, or any other rental term for residential rental units in the State; or

e. for the purpose or with the effect of engaging in price coordination for residential rental units in the State, including through the sale, licensure, or provision of any service or product that involves price coordination of residential rental units; or

(2) By contract, combination, or conspiracy with one or more other persons unreasonably restrain trade or commerce; or

(3) Establish, maintain, use, or attempt to acquire monopoly power over any substantial part of trade or commerce of this State for the purpose of excluding competition or of controlling, fixing, or maintaining prices in such trade or commerce; or

(4) Lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, or services (including master antenna television service), whether patented or unpatented, for use, consumption, enjoyment, or resale, or fix a price charged thereof, or discount from, or rebate upon, such price, on the condition, agreement, or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, merchandise, machinery, supplies, or other commodity or service (including cable television service or cable television relay service), of a competitor or competitors of the lessor or seller, where the effect of such lease, sale or contract for such sale or such condition, agreement, or understanding may be to substantially lessen competition or tend to create a monopoly in any line of commerce; or

(5) Being an employee, officer or agent of any foreign government, or an employee, officer or agent of a corporation or other entity which does business with or seeks to do business with any foreign government or instrumentality thereof; enforce, attempt to enforce, agree to or take action to forward the aims of, any discriminatory practice by the foreign government which is based on race, color, creed, national ancestry or sex or on ethnic or religious grounds, where such conduct, course of conduct, or agreement takes place in whole or in part within the United States and affects business in this State; or .

(6) Engage in price coordination or use, subscribe to, or contract with a service that involves price coordination for residential rental units in the State, including through the sale, licensure, or provision of any other service or product that involves price coordination of residential rental units.

(Source: P.A. 82-219.)

(740 ILCS 10/4) (from Ch. 38, par. 60-4)

Sec. 4. As used in this Act, unless the context otherwise requires:

"Trade or commerce" includes all economic activity involving or relating to any commodity or service.

"Commodity" shall mean any kind of real or personal property.

"Service" shall mean any activity, not covered by the definition of "commodity," which is performed in whole or in part for the purpose of financial gain.

"Service" shall not be deemed to include labor which is performed by natural persons as employees of others.

"Person" shall mean any natural person, or any corporation, partnership, or association of persons.

"Price coordination" means engaging in the following acts:

(1) collecting historical or contemporaneous nonpublic competitor information concerning prices, price changes, supply levels, occupancy rates, or lease or rental contract termination and renewal dates of residential rental units from 2 or more real estate lessors, whether monetary or other valuable consideration is paid to acquire or collect such information; and

(2) recommending or suggesting rental prices, fees, rental terms, or occupancy levels to a real estate lessor based on such information, including if the recommendation involves the analysis or processing of information using a computational or algorithmic system, software, or process.

"Price coordination" does not include:

(A) providing information to establish rent or income limits in accordance with the affordable housing program guidelines of a governmental entity;

(B) generation or use of any report, study, or presentation that provides existing rental data in an aggregated manner but does not recommend rent prices, fees, or occupancy rates or other rental contract terms for future leases; or

(C) providing or using information to conduct market research for project financing, an appraisal, or research, testing, and training for software development.

"Nonpublic competitor information" means information that is less than 90 days old and unavailable to the general public, including information about actual rent prices, occupancy rates, lease start-and-end dates, and similar data, regardless of whether the information is attributable to a specific competitor, anonymized, or derived from or otherwise provided by another person that competes in the same market or a related market.

(Source: P.A. 83-516.)