§1356.__Activities are not restraint of trade

The provisions of this chapter are intended to displace existing market forces based on a legislative finding that such forces are insufficient to permit the affected market to function normally.__Activities carried out pursuant to this chapter do not constitute a conspiracy, or a combination in restraint of trade or an illegal monopoly, nor are they carried out for the purposes of lessening competition or fixing prices arbitrarily, as long as the activities are carried out for the purpose of preparing, initiating or participating in a rate determination proceeding under this chapter.__A contract or agreement entered into pursuant to negotiations between a forest landowner and a group of harvesters or haulers is not an unlawful restraint in trade or part of a conspiracy or combination to accomplish an improper or illegal purpose or act, as long as the contract or agreement is approved by the panel as provided in section 1358.

§1357.__Rate determination petition

1.__Who may file petition.__A forest landowner or a person representing at least 3 harvesters or haulers may file a petition with the panel to initiate a proceeding to determine reasonable rates of compensation to be paid for harvesting or hauling services.

2.__Required contents of petition.__The petition under subsection 1 must include the following information:

A.__The service for which the rate is to be determined;

B.__The identity of the forest landowner who owns or possesses economic control over the land on which the rates are to apply and the geographic area in which the rates are to apply;

C.__The rate, if any, proposed by the filing party, including any rate agreed to in negotiations between forest landowners and harvesters or haulers;

D.__Information relevant to the factors set forth in section 1358, subsection 4 needed for the panel to make a decision;

E.__A summary of any negotiations between harvesters and haulers and forest landowners; and