§ 35-24-103 — Application for exception; exception absolute defense; liability limited; out-of-state applicants; consultation with attorney general; rulemaking authority granted

(a) Providers, purchasers or any combination thereof, or
third party payors if in collaboration with a provider, wishing
to engage in contracts, business or financial arrangements or
other activities, practices or arrangements that might be
construed to be violations of state or federal antitrust laws
but which are in the best interests of the state and further the
policies and goals of this chapter, may apply to the director
for an exception.
(b) Except as provided under W.S. 35-24-115(e), approval
of an application by the department is an absolute defense
against any action under state and federal antitrust laws.
(c) The application and any information obtained by the
department under W.S. 35-24-104 through 35-24-110 that is not
otherwise available are not admissible in any civil or criminal
proceeding brought by the director or any other person based on
an antitrust claim, except:
(i) A proceeding brought under W.S. 35-24-115(e)
based on an applicant's failure to substantially comply with the
terms of the application; or
(ii) A proceeding based on actions taken by the
applicant prior to submitting the application, where the actions
are acknowledged by the applicant in the application.
(d) Providers, purchasers and third party payors not
physically located in this state who are registered to do
business in this state are eligible to apply for an exception
for arrangements in which they transact business in this state.
(e) The department shall consult with the attorney general
in carrying out duties and responsibilities under this chapter.
(f) The department shall promulgate rules and regulations
necessary to carry out this chapter.