Okla. Stat. tit. 79, § 79-203

of access to essential facility - Actions by competitors.

A. Every act, agreement, contract, or combination in the form

of a trust, or otherwise, or conspiracy in restraint of trade or

commerce within this state is hereby declared to be against public

policy and illegal.

B. It is unlawful and shall be deemed a Class C2 felony offense

for any person to monopolize, attempt to monopolize, or conspire to

monopolize any part of trade or commerce in a relevant market within

this state.

C. Without limiting any other section of Title 79 of the

Oklahoma Statutes or applicable sections of Title 17 of the Oklahoma

Statutes, it is unlawful for any person in control of an essential

facility to unreasonably refuse to give a competitor or customer of

an entity controlling an essential facility access to it upon

reasonable terms if the effect of such denial is to injure

competition. An injured competitor or customer may bring an action

under Section 5 of this act to enforce the provisions of this

Oklahoma Statutes - Title 79. Trusts and Pools Page 5

section only when such injured competitor or customer does not have

a remedy before the Corporation Commission.

D. As used in this section:

1. "Monopolize" means:

a. the possession of monopoly power in the relevant

market, and

b. the willful acquisition or maintenance of that power

by exclusionary conduct as distinguished from growth

or development as a consequence of a superior product

and/or service, business acumen, or historic accident;

2. "Monopoly power" means the power to control market prices or

exclude competition; and

3. "Essential facility" means a facility:

a. which is controlled by an entity that possesses

monopoly power,

b. that a competitor would be unable to practically or

reasonably duplicate,

c. the use of which has been unreasonably denied to a

competitor or a customer of the entity that possesses

monopoly power, and

d. that it would be feasible to allow the competitor or

customer to use or have access to without causing harm

to or unreasonably interfering with the entity that

possesses monopoly power.