The Donnelly Act: New York's Antitrust Statute

This practice note covers the Donnelly Act, the State of New York's antitrust statute. Enacted in 1899, the Donnelly Act prohibits ''every contract, agreement, arrangement, and combination whereby a monopoly in the conduct of any business, trade or commerce or in the furnishing of any service in this state, is or may be established or maintained.'' N.Y. Gen. Bus. L. § 340(1). Although the structure of the Donnelly Act differs notably from the Sherman Act—its federal counterpart—the New York Court of Appeals has held that the Donnelly Act ''should generally be construed in light of Federal precedent and given a different interpretation only where State policy, differences in the statutory language or the legislative history justify such a result.'' Anheuser-Busch, Inc. v. Abrams, 71 N.Y.2d 327, 334–35 (1988). Nonetheless, the Donnelly Act has unique provisions that practitioners must be mindful of when prosecuting or defending claims under this law.