The Consumer Protection Division is responsible for enforcing Maine's "monopolies and profiteering" (or antitrust) law. Maine antitrust law prohibits conspiracies in restraint of trade (e.g. price fixing), monopolization offenses, and mergers that may substantially lessen competition. We investigate potentially anticompetitive conduct within and outside the state which has or could harm Maine consumers and bring actions in state and federal court to enforce the state's antitrust law, and to bring claims on behalf of the state and consumers.
Some of the files below are posted in Adobe Acrobat Reader and Microsoft Word. Adobe Reader files require the free Adobe Reader software. Microsoft Word files require either Microsoft Word or the free Word Viewer software.
If you have any information you think we should know about, please send a complaint to:
- Office of the Attorney General
Consumer Protection Division
6 State House Station
Augusta, Maine 04333-0006
207-626-8849 or 800-436-2131 (ME only)
Please remember to include an address and telephone number so that we may contact you if we need further information.
- Title 10, ch. 201 of the Maine Revised Statutes, Monopolies and Profiteering
- Consumer Law Guide's Antitrust Chapter
- Title 5, Chapter 1 of the United States Code, Monopolies and Combinations in Restraint of Trade (15 U.S.C. sec. 1 et seq.)
This chapter includes among other statutory provisions the Sherman Act, comprising sections 1 to 7 of this title, the Clayton Act, comprising sections 12, 13, 14 to 19, 20, 21, and 22 to 27 of this title and sections 52 and 53 of Title 29, Labor, the Wilson Tariff Act, comprising sections 8 and 9 of this title, the Robinson-Patman Price Discrimination Act, comprising sections 13,13a, 13b and 21a of this title, the ''Expediting Act,'' sections 28 and 29 of this title, and the ''Hart-Scott-Rodino Antitrust Improvements Act of 1976,'' comprising sections 15c to 15h, 18a and 66 of this title.
Antitrust in the Oil and Gas Industry
Maine law requires 30 days-advance notice to the Attorney General prior to acquiring retail gasoline or heating oil assets.
- 10 M.R.S. sec. 1109
- Notification Form: Acquisition of a Retail Gasoline Business (Word)
- Notification Form: Acquisition of a Heating Oil Retail Business (Word)
The Maine Atty. Gen. does not monitor gasoline or heating oil prices. When price increases do not appear to result from market-driven causes, the FTC alerts the appropriate state Attorney General
Maine's Petroleum Market Share Act requires wholesale suppliers of home heating oil and motor fuel oil to provide annual reports to the Attorney General of gallons sold to retailers and end users. See 10 M.R.S. sec. 1673. The Act also states that every 2 years the Attorney General shall make a report to the Legislature describing the concentration of retail outlets in the State, and recommending whether additional legislation is needed. Also, the Attorney General posts aggregate data collected pursuant to the Act annually. Links to the reports/data are below.
Helpful Antitrust Links
- U.S. Department of Justice Antitrust Division
- Federal Trade Commission Guide to Antitrust Laws
- American Bar Association Antitrust Section
- FindLaw Antitrust Resources
- Notification form: Acquisition of Retail Heating Oil Retail Business (Word)
- Notification form: Acquisition of Retail Gasoline Business (Word)
- Petroleum Market Share Act Report to the Legislature for 2017-2018 (PDF)
- Petroleum Market Share Act Data for 2016-2017 (PDF)
- Petroleum Market Share Act Report to the Legislature for 2015-2016 (PDF)
- Petroleum Market Share Act Data for 2014-2015 (PDF)
- Report on Petroleum Products Markets in the Northeast (PDF)
- Study of Competition in the Solid Waste Industry (PDF)
- Study of Competition in the Electric Industry (PDF)
- Maine Antitrust Formal Actions 1984-2005 (Microsoft Word document)