California Codes, Business and Professions Code - BPC, Division 7 — General Business Regulations, Part 2 — Preservation and Regulation of Competition, Chapter 2 — Combinations in Restraint of Trade, Article 1 — General Provisions, Section 16701

Section 24 of this code shall not determine the separability of the provisions of this chapter, one from another. Such separability shall be determined by whether the provisions of Chapter 530 of the Statutes of 1907 and the provisions of Chapter 362 of the Statutes of 1909 are separable among themselves and as to each other.

If the words “or reduce” (following the word “increase”) were not effectively deleted from Subdivision 2 of Section 1 of Chapter 530 of the Statutes of 1907 by Section 1 of Chapter 362 of the Statutes of 1909, a combination of capital, skill or acts by two or more persons for the purpose of reducing the price of merchandise or of any commodity is a trust.

Notes

Sets a special separability rule for the chapter based on whether provisions of the specified 1907 and 1909 statutes are separable among themselves and from each other, rather than the code’s general rule. If the stated words were not effectively deleted, a combination of two or more persons to reduce commodity prices constitutes a trust.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 16701 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-7/part-2/chapter-2/article-1/section-16701

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