State of Illinois
90th General Assembly

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


      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
 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,
                            -2-                LRB9005057JSgc
 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
                            -3-                LRB9005057JSgc
 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
                            -4-                LRB9005057JSgc
 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.

[ Top ]