2016 Indiana Code TITLE 24. TRADE REGULATION ARTICLE 1. COMBINATIONS IN RESTRAINT OF TRADE CHAPTER 4. COMBINATIONS COMPELLING MANUFACTURERS TO CLOSE DOWN
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IC 24-1-4
Chapter 4. Combinations Compelling Manufacturers to Close
Down
IC 24-1-4-1
Refusal to furnish product in ordinary commercial usage; violation
of public policy; unlawful and void act
Sec. 1. From and after March 8, 1901, all arrangements,
agreements, trusts, or combinations, or any agreement or
arrangements that are made whereby a party or corporation refuses
to furnish any article or articles required to be used in the
manufacture of any article or merchandise when the party or
corporation can furnish the same, or by charging more than the
regular and ordinary price for the same or doing or refusing to do any
act or acts that would cause such party to cease to manufacture such
article or hinder such person or corporation from so doing, and all
arrangements, contracts, or acts done or performed between any
person or corporation made for the purpose of compelling any person
or corporation engaged in the business of manufacturing any article
of merchandise to cease manufacturing any such article, or
compelling the same to close down or go out of business, are hereby
declared to be against public policy, unlawful, and void.
(Formerly: Acts 1901, c.107, s.1.) As amended by P.L.152-1986,
SEC.18.
IC 24-1-4-2
Violation of chapter; domestic corporations; forfeiture of charter
and franchise; foreign corporations; prohibition; duty of attorney
general
Sec. 2. (a) Any corporation chartered under the laws of this state
which shall violate any of the provisions of this chapter shall thereby
forfeit its charter and its franchise, and its corporate existence shall
thereupon cease and terminate. Every foreign corporation which shall
violate any of the provisions of this chapter is hereby denied the right
to do and is prohibited from doing business in this state.
(b) It is hereby made the duty of the attorney general of the state
to enforce the provisions of this chapter by due process of law.
(Formerly: Acts 1901, c.107, s.2.) As amended by P.L.152-1986,
SEC.19.
IC 24-1-4-3
Offense
Sec. 3. A person who knowingly violates this chapter commits a
Level 5 felony.
(Formerly: Acts 1901, c.107, s.3.) As amended by Acts 1978, P.L.2,
SEC.2406; P.L.158-2013, SEC.270.
IC 24-1-4-4
Indiana Code 2016
Violation of chapter; civil action for damages; attorney general
Sec. 4. (a) Any person who has suffered injuries or damages as a
result of an arrangement, contract, agreement, trust, or combination
described in section 1 of this chapter may bring an action in any
court of competent jurisdiction in this state to recover the full
consideration or sum paid by the person for any goods, wares or
merchandise, or article the sale of which is controlled by the
combination or trust. In addition, the person is entitled to recover a
penalty of threefold the damages awarded in the action, plus
reasonable costs and attorney's fees.
(b) The attorney general may bring an action under this section on
behalf of the state or a political subdivision.
(Formerly: Acts 1901, c.107, s.4.) As amended by P.L.152-1986,
SEC.20; P.L.135-2008, SEC.7.
IC 24-1-4-5
Attorney general's representation of the state or a political
subdivision
Sec. 5. The attorney general may bring an action on behalf of the
state or any political subdivision (as defined in IC 34-6-2-110) that
has been directly or indirectly injured or damaged by:
(1) an arrangement, agreement, trust, or combination described
in section 1 of this chapter; or
(2) any other violation of this chapter.
As added by P.L.135-2008, SEC.8.
Indiana Code 2016
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