N.Y. Environmental Conservation Law § 27-3319: Limits on liability for antitrust, restraint of trade, or unfair trade practices

§ 27-3319. Limits on liability for antitrust, restraint of trade, or

unfair trade practices.

1. A producer, representative organization, or retailer shall not be

liable for any claim of a violation of antitrust, restraint of trade, or

unfair trade practice laws arising from the performance of an action

required to be undertaken by this title or which is necessary to

implement or participate under a producer plan approved by the

department, solely to increase the collection and recycling of carpet,

which affects the types and quantities being collected and recycled or

the cost and structure of such collection program that the producer,

representative organization, or retailer is participating in pursuant to

this title.

2. Provided, however, subdivision one of this section shall not apply

to any agreement establishing or affecting the price of carpet, except,

as necessary, to fulfill producer responsibility under subdivision five

of section 27-3305 of this title, the output or production of carpet, or

restricting the geographic area or customers to which carpet will be

sold.