September 6, 2005, Introduced by Rep. Vander Veen and referred to the Committee on Energy and Technology.
A bill to amend 1984 PA 274, entitled
"Michigan antitrust reform act,"
by amending the title and section 1 (MCL 445.771), the title as
amended by 1987 PA 243, and by adding section 3a.
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 require certain electronic data interchange service
providers to enter into interconnection agreements; to prescribe
powers and duties of certain state officers and agencies; 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. 1. As used in this act:
(a) "Electronic data interchange" means the electronic
transmission, receipt, and processing of monetary transactions
between 2 or more independent persons.
(b) "Electronic data interchange service provider" means a
person engaged in the business of providing electronic data
interchange services.
(c) "Interconnection agreement" means an agreement between 2
or more electronic data interchange service providers to transmit,
receive, or process monetary transactions electronically.
(d) (a)
"Person" means an individual, corporation, limited
liability company, business trust, partnership, association, or any
other legal entity.
(e) (b)
"Relevant market" means the geographical
area of
actual or potential competition in a line of trade or commerce, all
or any part of which is within this state.
(f) (c)
"Trade or commerce" means the conduct of a
business
for profit or not for profit producing or providing goods,
commodities, property, or services and includes, without
limitation, advertising, franchising, solicitation, offering for
sale, lease, or distribution of a service or property, tangible or
intangible, real, personal, or mixed, or any other article of
commerce.
(g) (d)
"Unit of government" means this state or
an agency,
instrumentality, political subdivision, or public corporation of
this state, including, but not limited to, municipal corporations,
quasi-municipal corporations, and authorities, and including their
officials, employees, and agents when acting in their official
capacity.
(h) "Value-added network" means an electronic data interchange
service provider that meets both of the following:
(i) The provider tracks, processes, and provides an audit trail
for electronic monetary transactions submitted by other persons.
(ii) The provider has an interconnection agreement with 6 or
more electronic data interchange service providers.
Sec. 3a. A value-added network that conducts business in this
state and has entered into 1 or more interconnection agreements
with electronic data interchange service providers or with another
value-added network shall not refuse to enter into an interchange
agreement that affects a relevant market on proportionally equal
terms with any other electronic data interchange service provider
or value-added network that also conducts business in Michigan.
Enacting section 1. This amendatory act takes effect 60 days
after the date it is enacted.