ORS 646.805: Effect of prior final judgment or decree.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) A final judgment or decree heretofore or hereafter rendered in any civil or criminal proceeding brought by or on behalf of the United States under the antitrust laws of the United States to the effect that a defendant has violated such laws, other than a judgment or decree entered in an action under section 15a of Title 15 of the United States Code or a consent judgment or decree entered before any testimony has been taken, shall estop defendant from denial of any matters established in such proceeding, in any action or proceeding brought against such defendant by the state or any person under ORS 646.760, 646.770 or 646.780, to the extent such judgment or decree would be an estoppel between the parties thereto with respect to such matters. (2) A final judgment or decree to the effect that a person has violated ORS 136.617, 646.705 to 646.805 and 646.990 in an action brought by the state under ORS 646.760, 646.770 or 646.780, other than a consent judgment or decree entered before any testimony has been taken which specifically provides therein that this subsection shall not be applicable, shall estop defendant from denial of any matters established in such action, in any other action against the defendant under ORS 646.770 or 646.780, to the extent such judgment or decree would be an estoppel between the parties thereto with respect to such matters. [1975 c.255 §11]
Administrative rules citing this section
- OAR 603-082-0010: Purpose — implements
- OAR 603-082-0020: Definitions — implements
This rule cites
- ORS 646.760 — resolved
- 646.770 — resolved
- 646.780 — resolved
- ORS 136.617 — resolved
- 646.705 — resolved
- 646.805 — resolved
- 646.990 — resolved
- ORS 646.770 — resolved
Cited by
- ORS 59.331: Scope of Attorney General powers; consent of director; powers of circuit court; damages, restitution, disgorgement and other penalties.
- ORS 415.501: Procedures for review of material change transactions; rules.
- ORS 526.233: Application of antitrust laws.
- ORS 646.705: Definitions for ORS 136.617 and 646.705 to 646.805.
- ORS 646.715: Declaration of purpose.
- ORS 646.730: Monopolies prohibited.
- ORS 646.740: Permitted activities.
- ORS 646.760: Civil penalties; attorney fees; mitigation.
- ORS 646.775: Actions by Attorney General; damages; attorney fees.
- ORS 646.780: Recovery of treble damages; exception; recovery of fees and costs; action under federal law as bar; action parens patriae by Attorney General.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors646.html