093_HB3089

 
                                     LRB093 11047 LCB 11742 b

 1        AN ACT concerning cigarette manufacturers.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois  Antitrust  Act  is  amended  by
 5    adding Section 3.1 as follows:

 6        (740 ILCS 10/3.1 new)
 7        Sec.  3.1.  Cigarette  manufacturers;  handling  of their
 8    products by retailers.
 9        (a)  It is a violation of  this  Act  for  any  cigarette
10    manufacturer, directly or indirectly, by contract, agreement,
11    or otherwise, to:
12             (1)  condition  a  retailer's  receipt  of  consumer
13        promotions  or consumer price discounts on the retailer's
14        conduct  or  actions  relating  to   the   manufacturer's
15        products  or  the  products  of  any  other manufacturer,
16        except for requirements that the retailer (i) provide the
17        promotion or discount to consumers and (ii) advertise and
18        display the promotion  and  the  promoted  or  discounted
19        product to consumers;
20             (2)  require  or  cause  the  retailer to allocate a
21        specified  percentage  or  fraction  of  the   retailer's
22        merchandising,  stocking,  display, shelf, or advertising
23        space to the manufacturer;
24             (3)  prevent, restrict, or  limit  a  retailer  from
25        stocking,  advertising, displaying, or participating in a
26        program for another manufacturer's product;
27             (4)  prevent, restrict, or limit the  retailer  from
28        determining  the  size  or location of the space that the
29        retailer uses to stock, display,  promote,  or  advertise
30        cigarettes; or
31             (5)  require  the retailer to raise its prices on or
 
                            -2-      LRB093 11047 LCB 11742 b
 1        prevent the retailer from setting, retaining, or reducing
 2        its prices on another manufacturer's products.
 3        (b)  Any person who violates a provision of this  Section
 4    shall be subject to all remedies permissible for violation of
 5    subsection (4) of Section 3 of this Act.
 6        (c)  The  definitions  contained  in  Section  1  of  the
 7    Cigarette Tax Act apply to this Section.
 8        (d)  This   Section   applies  to  any  new  contract  or
 9    agreement entered into or any existing contract or  agreement
10    renewed on or after the effective date of this amendatory Act
11    of the 93rd General Assembly.

12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.