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Senate Bill 734 Printer's Number 819

PENNSYLVANIA, June 2 - (3) A court may, in the interests of justice, award to a

registered person who prevails in an action brought under

this section reasonable attorney fees and court costs,

including expert witness fees.

(4) A class action may not be brought against a retailer

on behalf of purchasers arising from or in any way related to

an overpayment of an eco-fee.

§ 6723. Antitrust.

(a) Authorization.--A CED manufacturer or stewardship

organization acting in accordance with the provisions of this

chapter may negotiate with, enter into contracts with or conduct

business with each other and with any other entity developing,

implementing, operating, participating in or performing any

other activities directly related to a manufacturer product

stewardship plan approved under this chapter.

(b) Damages, liability and scrutiny.--The manufacturer,

clearinghouse and any entity developing, implementing,

operating, participating in or performing any other activities

related to a stewardship plan approved under this chapter shall

not be subject to damages, liability or scrutiny under Federal

antitrust law or the act of December 17, 1968 (P.L.1224,

No.387), known as the Unfair Trade Practices and Consumer

Protection Law, regardless of the effects on competition.

(c) Effect.--The supervisory activities described in this

chapter are sufficient to confirm that activities of the

manufacturers, stewardship organization and any entity

developing, implementing, operating, participating in or

performing any other activities related to a stewardship plan

that is approved under this chapter are authorized and actively

supervised by the Commonwealth.

20230SB0734PN0819 - 48 -

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