September 16, 2008, Introduced by Senators ANDERSON, SCHAUER, CLARK-COLEMAN, BARCIA, OLSHOVE, SWITALSKI, SCOTT and JACOBS and referred to the Committee on Judiciary.
A bill to amend 1984 PA 274, entitled
"Michigan antitrust reform act,"
by amending the title and sections 6 and 7 (MCL 445.776 and
445.777), the title as amended by 1987 PA 243.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to prohibit contracts, combinations, and conspiracies
in restraint of trade or commerce; to allow certain agreements not
to compete; to prohibit monopolies and attempts to monopolize trade
or commerce; to prescribe powers and duties of certain state
officers and agencies under this act and federal restraint of trade
statutes; to provide remedies, fines, and penalties for violations
of this act; to bar certain causes of action; and to repeal certain
acts and parts of acts.
Sec. 6. (1) If the attorney general or a prosecuting attorney
has reasonable cause to believe that a person has information or is
in possession, custody, or control of any document or other
tangible object relevant to an investigation for violation of this
act or a federal statute applicable to restraints of trade that
authorizes or permits state action, the attorney general or a
prosecuting attorney, with the permission of, or at the request of,
the
attorney general, may serve upon on the person, before
bringing
any
action in the circuit any
state or federal court, a written
demand to appear and be examined under oath, and to produce the
document
or object for inspection and copying. The demand shall
include
must meet all of the following:
(a)
Be served upon on the person in the manner required for
service of process in this state.
(b) Describe the nature of the conduct constituting the
violation under investigation.
(c) Describe the document or object with sufficient
definiteness to permit it to be fairly identified.
(d) If demanded, contain a copy of the written
interrogatories.
(e) Prescribe a reasonable time at which the person must
appear to testify, within which to answer the written
interrogatories, and within which the document or object must be
produced, and advise the person that objections to or reasons for
not complying with the demand may be filed with the attorney
general or prosecuting attorney, with the permission of, or at the
request of, the attorney general, on or before that time.
(f) Specify a place for the taking of testimony or for
production and designate the person who shall be custodian of the
document or object.
(g) Contain a copy of subsection (2).
(2) If a person objects to or otherwise fails to comply with
the written demand served upon him or her under subsection (1), the
attorney general or a prosecuting attorney, with the permission of,
or at the request of, the attorney general, may file an action in
the
circuit court of the county in which the person resides or in
which
the person maintains a principal place of business within
this
state an action an
appropriate state or federal court to
enforce
the demand. Notice of The
attorney general or prosecuting
attorney shall serve notice of the hearing of the action and a copy
of
all pleadings shall be served upon on the person, who may
appear
in opposition. If the court finds that the demand is proper, that
there is reasonable cause to believe that there may have been or is
presently occurring a violation of this act or the federal statute,
and that the information sought or document or object demanded is
relevant to the investigation, the court shall order the person to
comply with the demand, subject to any modification prescribed by
the
court. may prescribe. Upon motion by the person and
for good
cause shown, the court may make any further order in the
proceedings that justice requires to protect the person from
unreasonable annoyance, embarrassment, oppression, burden, or
expense.
(3)
Any The attorney general
or prosecuting attorney shall
keep
procedure, testimony taken, or material
produced shall be kept
pursuant
to a demand under subsection (1) confidential
by the
attorney
general or a prosecuting attorney before
bringing an
action against a person under this act or the federal statute for
the violation under investigation, unless confidentiality is waived
by the person being investigated and the person who has testified,
answered
interrogatories, or produced material
, or disclosure is
authorized by the court.
Sec. 7. (1) The attorney general or a prosecuting attorney,
with the permission of, or at the request of, the attorney general,
may bring an action for appropriate injunctive or other equitable
relief and civil penalties in the name of the state for a violation
of this act. The court may assess for benefit of the state a civil
penalty of not more than $50,000. 00 for each violation of this
act.
(2) The attorney general, or a prosecuting attorney acting
with the permission of or at the request of the attorney general,
may bring an action in the name of the state for appropriate
injunctive or other equitable relief, civil remedies, or criminal
penalties for a violation of any federal statute applicable to
restraints of trade that authorizes or permits state action.