{"data":{"id":"us-ok/okla.-stat.-tit.-79-79-203","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 79, § 79-203","heading":"Trust in restraint of trade - Monopoly of trade - Refusal","body":"of access to essential facility - Actions by competitors.\n\nA. Every act, agreement, contract, or combination in the form\n\nof a trust, or otherwise, or conspiracy in restraint of trade or\n\ncommerce within this state is hereby declared to be against public\n\npolicy and illegal.\n\nB. It is unlawful and shall be deemed a Class C2 felony offense\n\nfor any person to monopolize, attempt to monopolize, or conspire to\n\nmonopolize any part of trade or commerce in a relevant market within\n\nthis state.\n\nC. Without limiting any other section of Title 79 of the\n\nOklahoma Statutes or applicable sections of Title 17 of the Oklahoma\n\nStatutes, it is unlawful for any person in control of an essential\n\nfacility to unreasonably refuse to give a competitor or customer of\n\nan entity controlling an essential facility access to it upon\n\nreasonable terms if the effect of such denial is to injure\n\ncompetition. An injured competitor or customer may bring an action\n\nunder Section 5 of this act to enforce the provisions of this\n\nsection only when such injured competitor or customer does not have\n\na remedy before the Corporation Commission.\n\nD. As used in this section:\n\n1. \"Monopolize\" means:\n\na. the possession of monopoly power in the relevant\n\nmarket, and\n\nb. the willful acquisition or maintenance of that power\n\nby exclusionary conduct as distinguished from growth\n\nor development as a consequence of a superior product\n\nand/or service, business acumen, or historic accident;\n\n2. \"Monopoly power\" means the power to control market prices or\n\nexclude competition; and\n\n3. \"Essential facility\" means a facility:\n\na. which is controlled by an entity that possesses\n\nmonopoly power,\n\nb. that a competitor would be unable to practically or\n\nreasonably duplicate,\n\nc. the use of which has been unreasonably denied to a\n\ncompetitor or a customer of the entity that possesses\n\nmonopoly power, and\n\nd. that it would be feasible to allow the competitor or\n\ncustomer to use or have access to without causing harm\n\nto or unreasonably interfering with the entity that\n\npossesses monopoly power.","path":["OK Code","Title 79"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os79.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"e0a044109e3cc93f5d0c252b43a8edacb204c22c60a62b70f8f15cb4c44cbd14","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-79-79-202","next":"us-ok/okla.-stat.-tit.-79-79-204"},"notice":"GroundRules: Original legal text. Not legal advice."}