Section 3. Nothing in the Massachusetts Antitrust Act, hereinafter referred to as the Act, shall apply to any course of conduct, pattern of activity, or activities unless they occur and have their competitive impact primarily and predominantly within the commonwealth and at most, only incidentally outside New England, or any course of conduct, pattern of activity, or activities which are the subject of a formal investigation, proceeding or other assertion of federal jurisdiction by the Federal Trade Commission, the United States Department of Justice or other federal agency.
For purposes of the Act, the burden of establishing jurisdiction shall be upon the party asserting such jurisdiction with respect to any course of conduct, pattern of activity, or activities of any person of whose gross revenue at least ten per cent is derived from transactions involving interstate commerce outside of New England; as to any course of conduct, pattern of activity or activities of all other persons, the party asserting lack of jurisdiction under this chapter shall have the burden of establishing same.
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