The Donnelly Act is the primary state antitrust law in New York. The Act mirrors federal antitrust law, and prohibits any contract, agreement, arrangement, or combination that creates or maintains a monopoly or retrains competition.
Under the Donnelly Act, private parties can sue companies or individuals who participated in anti-competitive activity.
Prohibited Business Practices under the Donnelly Act
The Donnelly Act explicitly prohibits several actions, including:
- Price Fixing: agreement between competitors to buy or sell products, services, or commodities at a fixed price or rate
- Bid Rigging: agreements between competitors to divide contract bids amongst themselves
- Market Division Scheme: agreement between competitors to divide markets, products, customers or territories amongst themselves
- Group Boycotting: competitors agreeing to boycott a certain entity
- Tying: selling a product or service on the condition that the buyer agrees to also buy a different product or service