Antitrust and Unfair Competition Law

Competition: Fall 2015, Vol 24, No. 2

A TALE OF TWO STATUTES: CIPRO, EDWARDS, AND THE RULE OF REASON

By Steven M. Perry and Sean F. Howell1

I. INTRODUCTION

This article tells the tale of two statutes that were enacted around the same time, that address many of the same issues, and that were interpreted for over one hundred years in the same way by the California courts. Recently, however, attempts have been made to tear apart these statutory neighbors. We speak, of course, of California’s two antitrust statutes: the Cartwright Act, enacted in 1907, and Business & Professions Code section 16600, enacted in 1872.

The operative language of each of these statutes is set out below:

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