§ 27-3319 — Limits on liability for antitrust, restraint of trade, or unfair trade practices

New York § 27-3319

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 33: Extended Producer Responsibility For Carpet
• Art. 27: Reduction, Collection, Reuse, Recycling, Treatment and Disposal of Solid Waste

Text

§ 27-3319. Limits on liability for antitrust, restraint of trade, or\n unfair trade practices.\n 1. A producer, representative organization, or retailer shall not be\nliable for any claim of a violation of antitrust, restraint of trade, or\nunfair trade practice laws arising from the performance of an action\nrequired to be undertaken by this title or which is necessary to\nimplement or participate under a producer plan approved by the\ndepartment, solely to increase the collection and recycling of carpet,\nwhich affects the types and quantities being collected and recycled or\nthe cost and structure of such collection program that the producer,\nrepresentative organization, or retailer is participating in pursuant to\nthis title.\n 2. Provided, however, subdivision one of this section shall not apply\nto any agreement establishing or affecting the price of carpet, except,\nas necessary, to fulfill producer responsibility under subdivision five\nof section 27-3305 of this title, the output or production of carpet, or\nrestricting the geographic area or customers to which carpet will be\nsold.\n