West Virginia Code 47-18-3 – Contracts and combinations in restraint of trade
(a) Every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce in this state shall be unlawful.
Terms Used In West Virginia Code 47-18-3
- Commodity: shall mean any kind of real or personal property. See West Virginia Code 47-18-2
- Contract: A legal written agreement that becomes binding when signed.
- Person: shall mean any natural person or persons, or any corporation, partnership, company, trust or association of persons. See West Virginia Code 47-18-2
- Service: shall mean any activity which is performed in whole or in part for the purpose of financial gain, including but not limited to sale, rental, leasing or licensing for use. See West Virginia Code 47-18-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Trade or commerce: shall include all economic activity involving or relating to any commodity or service. See West Virginia Code 47-18-2
(b) Without limiting the effect of subsection (a) of this section, the following shall be deemed to restrain trade or commerce unreasonably and are unlawful:
(1) A contract, combination or conspiracy between two or more persons:
(A) for the purpose or with the effect of fixing, controlling, or maintaining the market price, rate or fee of any commodity or service; or
(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 of fixing, controlling or maintaining the market price, rate or fee of the commodity or service; or
(C) allocating or dividing customers or markets, functional or geographic, for any commodity or service.
(2) A contract, combination or conspiracy between two or more persons whereby, in the letting of any public or private contract:
(A) the price quotation of any bid is fixed or controlled; or
(B) one or more persons submits a bid intending it to be higher than another bid and thus complementary thereto, submits a bid intending it to be substantially identical to another bid, or refrains from the submission of a bid.
(3) A contract, combination or conspiracy between two or more persons refusing to deal with any other person or persons for the purpose of effecting any of the acts described in subdivisions (1) and (2) of this subsection.