State Codes and Statutes

Statutes > North-dakota > T51 > T51c081

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CHAPTER 51-08.1UNIFORM STATE ANTITRUST ACT51-08.1-01. Definitions. As used in this chapter:1.&quot;Person&quot; means an individual, corporation, limited liability company, business trust,<br>partnership, association, or any other legal entity.2.&quot;Relevant market&quot; means the geographical area of actual or potential competition in<br>a line of commerce, all or any part of which is within this state.51-08.1-02. Contract, combination, or conspiracy to restrain or monopolize trade.A contract, combination, or conspiracy between two or more persons in restraint of, or to<br>monopolize, trade or commerce in a relevant market is unlawful.51-08.1-03. Establishment, maintenance, or use of monopoly. The establishment,maintenance, or use of a monopoly, or an attempt to establish a monopoly, of trade or commerce<br>in a relevant market by any person, for the purpose of excluding competition or controlling, fixing,<br>or maintaining prices, is unlawful.51-08.1-04. Exclusions.1.Labor of a human being is not a commodity or an article of commerce.2.Nothing in this chapter forbids the existence and operation of any labor, agricultural,<br>or horticultural organization instituted for the purpose of mutual help, while lawfully<br>carrying out its legitimate objects.51-08.1-05. Judicial jurisdiction. An action for violation of this chapter must be broughtin district court.51-08.1-06. Official investigation.1.If the attorney general has reasonable cause to believe that a person has<br>information or is in possession, custody, or control of any document or other tangible<br>object relevant to an investigation for violation of this chapter, the attorney general<br>may serve upon the person, before bringing any action in the district court, a written<br>demand to appear and be examined under oath, to answer written interrogatories<br>under oath, and to produce the document or object for inspection and copying. The<br>demand must:a.Be served upon the person in the manner required for service of process in this<br>state;b.Describe the nature of the conduct constituting the violation under investigation;c.Describe the document or object with sufficient definiteness to permit it to be<br>fairly identified;d.Contain a copy of the written interrogatories;e.Prescribe a reasonable time at which the person must appear to testify, within<br>which to answer the written interrogatories, and within which the document or<br>object must be produced, and advise the person that a reasonable opportunity<br>will be afforded for examination and notation of corrections upon any transcript<br>of an oral examination, that a copy of one's own transcript can be obtained<br>upon payment of reasonable charges, and that objections to or reasons for notPage No. 1complying with the demand may be filed with the attorney general at or before<br>the designated time;f.Specify a place for the taking of testimony or for production and designate a<br>person who shall be custodian of the document or object; andg.Contain a copy of subsection 2.2.If a person objects to or otherwise fails to comply with the written demand served<br>upon that person under subsection 1, the attorney general may file in the district<br>court of the county in which the person resides, or in which the person maintains a<br>principal place of business within this state, a petition for an order to enforce the<br>demand. Notice of hearing the petition and a copy of the petition must be served<br>upon the person, who may appear in opposition to the petition. If the court finds that<br>the demand is proper, there is reasonable cause to believe there has been a<br>violation of this chapter, and the information sought or document or object<br>demanded is relevant to the violation, it shall order the person to comply with the<br>demand, subject to modification the court may prescribe.Upon motion by theperson and for good cause shown, the court may make any further order in the<br>proceedings that justice requires to protect the person from unreasonable<br>annoyance, embarrassment, oppression, burden, or expense.3.Any procedure, testimony taken, or material produced under this section must be<br>kept confidential by the attorney general before bringing an action against a person<br>under this chapter for the violation under investigation, unless confidentiality is<br>waived by the person being investigated and the person who has testified, answered<br>interrogatories, or produced material, or disclosure is authorized by the court.51-08.1-07. Civil penalty and injunctive enforcement by state. The attorney general,or a state's attorney with the permission or at the request of the attorney general, may bring an<br>action for appropriate injunctive relief and civil penalties in the name of the state for a violation of<br>this chapter. The trier of fact may assess for the benefit of the state a civil penalty of not more<br>than fifty thousand dollars for each violation of this chapter.51-08.1-08. Damages and injunctive relief.1.The state, a political subdivision, or any public agency threatened with injury or<br>injured in its business or property by a violation of this chapter may bring an action<br>for appropriate injunctive or other equitable relief, damages sustained and, as<br>determined by the court, taxable costs and reasonable attorney's fees.2.A person threatened with injury or injured in that person's business or property by a<br>violation of this chapter may bring an action for appropriate injunctive or other<br>equitable relief, damages sustained and, as determined by the court, taxable costs<br>and reasonable attorney's fees. If the trier of fact finds that the violation is flagrant, it<br>may increase recovery to an amount not in excess of three times the damages<br>sustained.3.In any action for damages under this section, the fact that the state, political<br>subdivision, public agency, or person threatened with injury or injured in its business<br>or property by any violation of the provisions of this chapter has not dealt directly<br>with the defendant does not bar recovery.4.In any action for damages under this section, any defendant, as a partial or complete<br>defense against a claim for damages, is entitled to prove that the plaintiff purchaser,<br>or seller in the chain of manufacture, production, or distribution, who paid any<br>overcharge or received any underpayment passed on all or any part of the<br>overcharge or underpayment to another purchaser or seller in that action.Page No. 251-08.1-09. Judgment in favor of state as prima facie evidence. A final judgment ordecree determining that a person has violated this chapter in an action brought by the state<br>under section 51-08.1-07 or under subsection 1 of section 51-08.1-08, other than a consent<br>judgment or decree entered before any testimony has been taken, is prima facie evidence<br>against that person in any other action against that person under section 51-08.1-08 as to all<br>matters with respect to which the judgment or decree would be an estoppel between the parties<br>thereto. This section does not affect the application of collateral estoppel or issue preclusion.51-08.1-10. Limitation of actions.1.An action under section 51-08.1-07 to recover a civil penalty is barred if it is not<br>commenced within four years after the claim for relief accrues.2.An action under section 51-08.1-08 to recover damages is barred if it is not<br>commenced within four years after the claim for relief accrues, or within one year<br>after the conclusion of any timely action brought by the state under section<br>51-08.1-07 or 51-08.1-08 based in whole or in part on any matter complained of in<br>the action for damages, whichever is later.51-08.1-11.Remedies cumulative.The remedies provided in this chapter arecumulative.51-08.1-12.Rights, privileges, and immunities.Nothing in this chapter may beconstrued so as to abrogate an individual's constitutionally guaranteed rights, privileges, and<br>immunities.Page No. 3Document Outlinechapter 51-08.1 uniform state antitrust act

State Codes and Statutes

Statutes > North-dakota > T51 > T51c081

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CHAPTER 51-08.1UNIFORM STATE ANTITRUST ACT51-08.1-01. Definitions. As used in this chapter:1.&quot;Person&quot; means an individual, corporation, limited liability company, business trust,<br>partnership, association, or any other legal entity.2.&quot;Relevant market&quot; means the geographical area of actual or potential competition in<br>a line of commerce, all or any part of which is within this state.51-08.1-02. Contract, combination, or conspiracy to restrain or monopolize trade.A contract, combination, or conspiracy between two or more persons in restraint of, or to<br>monopolize, trade or commerce in a relevant market is unlawful.51-08.1-03. Establishment, maintenance, or use of monopoly. The establishment,maintenance, or use of a monopoly, or an attempt to establish a monopoly, of trade or commerce<br>in a relevant market by any person, for the purpose of excluding competition or controlling, fixing,<br>or maintaining prices, is unlawful.51-08.1-04. Exclusions.1.Labor of a human being is not a commodity or an article of commerce.2.Nothing in this chapter forbids the existence and operation of any labor, agricultural,<br>or horticultural organization instituted for the purpose of mutual help, while lawfully<br>carrying out its legitimate objects.51-08.1-05. Judicial jurisdiction. An action for violation of this chapter must be broughtin district court.51-08.1-06. Official investigation.1.If the attorney general has reasonable cause to believe that a person has<br>information or is in possession, custody, or control of any document or other tangible<br>object relevant to an investigation for violation of this chapter, the attorney general<br>may serve upon the person, before bringing any action in the district court, a written<br>demand to appear and be examined under oath, to answer written interrogatories<br>under oath, and to produce the document or object for inspection and copying. The<br>demand must:a.Be served upon the person in the manner required for service of process in this<br>state;b.Describe the nature of the conduct constituting the violation under investigation;c.Describe the document or object with sufficient definiteness to permit it to be<br>fairly identified;d.Contain a copy of the written interrogatories;e.Prescribe a reasonable time at which the person must appear to testify, within<br>which to answer the written interrogatories, and within which the document or<br>object must be produced, and advise the person that a reasonable opportunity<br>will be afforded for examination and notation of corrections upon any transcript<br>of an oral examination, that a copy of one's own transcript can be obtained<br>upon payment of reasonable charges, and that objections to or reasons for notPage No. 1complying with the demand may be filed with the attorney general at or before<br>the designated time;f.Specify a place for the taking of testimony or for production and designate a<br>person who shall be custodian of the document or object; andg.Contain a copy of subsection 2.2.If a person objects to or otherwise fails to comply with the written demand served<br>upon that person under subsection 1, the attorney general may file in the district<br>court of the county in which the person resides, or in which the person maintains a<br>principal place of business within this state, a petition for an order to enforce the<br>demand. Notice of hearing the petition and a copy of the petition must be served<br>upon the person, who may appear in opposition to the petition. If the court finds that<br>the demand is proper, there is reasonable cause to believe there has been a<br>violation of this chapter, and the information sought or document or object<br>demanded is relevant to the violation, it shall order the person to comply with the<br>demand, subject to modification the court may prescribe.Upon motion by theperson and for good cause shown, the court may make any further order in the<br>proceedings that justice requires to protect the person from unreasonable<br>annoyance, embarrassment, oppression, burden, or expense.3.Any procedure, testimony taken, or material produced under this section must be<br>kept confidential by the attorney general before bringing an action against a person<br>under this chapter for the violation under investigation, unless confidentiality is<br>waived by the person being investigated and the person who has testified, answered<br>interrogatories, or produced material, or disclosure is authorized by the court.51-08.1-07. Civil penalty and injunctive enforcement by state. The attorney general,or a state's attorney with the permission or at the request of the attorney general, may bring an<br>action for appropriate injunctive relief and civil penalties in the name of the state for a violation of<br>this chapter. The trier of fact may assess for the benefit of the state a civil penalty of not more<br>than fifty thousand dollars for each violation of this chapter.51-08.1-08. Damages and injunctive relief.1.The state, a political subdivision, or any public agency threatened with injury or<br>injured in its business or property by a violation of this chapter may bring an action<br>for appropriate injunctive or other equitable relief, damages sustained and, as<br>determined by the court, taxable costs and reasonable attorney's fees.2.A person threatened with injury or injured in that person's business or property by a<br>violation of this chapter may bring an action for appropriate injunctive or other<br>equitable relief, damages sustained and, as determined by the court, taxable costs<br>and reasonable attorney's fees. If the trier of fact finds that the violation is flagrant, it<br>may increase recovery to an amount not in excess of three times the damages<br>sustained.3.In any action for damages under this section, the fact that the state, political<br>subdivision, public agency, or person threatened with injury or injured in its business<br>or property by any violation of the provisions of this chapter has not dealt directly<br>with the defendant does not bar recovery.4.In any action for damages under this section, any defendant, as a partial or complete<br>defense against a claim for damages, is entitled to prove that the plaintiff purchaser,<br>or seller in the chain of manufacture, production, or distribution, who paid any<br>overcharge or received any underpayment passed on all or any part of the<br>overcharge or underpayment to another purchaser or seller in that action.Page No. 251-08.1-09. Judgment in favor of state as prima facie evidence. A final judgment ordecree determining that a person has violated this chapter in an action brought by the state<br>under section 51-08.1-07 or under subsection 1 of section 51-08.1-08, other than a consent<br>judgment or decree entered before any testimony has been taken, is prima facie evidence<br>against that person in any other action against that person under section 51-08.1-08 as to all<br>matters with respect to which the judgment or decree would be an estoppel between the parties<br>thereto. This section does not affect the application of collateral estoppel or issue preclusion.51-08.1-10. Limitation of actions.1.An action under section 51-08.1-07 to recover a civil penalty is barred if it is not<br>commenced within four years after the claim for relief accrues.2.An action under section 51-08.1-08 to recover damages is barred if it is not<br>commenced within four years after the claim for relief accrues, or within one year<br>after the conclusion of any timely action brought by the state under section<br>51-08.1-07 or 51-08.1-08 based in whole or in part on any matter complained of in<br>the action for damages, whichever is later.51-08.1-11.Remedies cumulative.The remedies provided in this chapter arecumulative.51-08.1-12.Rights, privileges, and immunities.Nothing in this chapter may beconstrued so as to abrogate an individual's constitutionally guaranteed rights, privileges, and<br>immunities.Page No. 3Document Outlinechapter 51-08.1 uniform state antitrust act

State Codes and Statutes

State Codes and Statutes

Statutes > North-dakota > T51 > T51c081

Download pdf
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CHAPTER 51-08.1UNIFORM STATE ANTITRUST ACT51-08.1-01. Definitions. As used in this chapter:1.&quot;Person&quot; means an individual, corporation, limited liability company, business trust,<br>partnership, association, or any other legal entity.2.&quot;Relevant market&quot; means the geographical area of actual or potential competition in<br>a line of commerce, all or any part of which is within this state.51-08.1-02. Contract, combination, or conspiracy to restrain or monopolize trade.A contract, combination, or conspiracy between two or more persons in restraint of, or to<br>monopolize, trade or commerce in a relevant market is unlawful.51-08.1-03. Establishment, maintenance, or use of monopoly. The establishment,maintenance, or use of a monopoly, or an attempt to establish a monopoly, of trade or commerce<br>in a relevant market by any person, for the purpose of excluding competition or controlling, fixing,<br>or maintaining prices, is unlawful.51-08.1-04. Exclusions.1.Labor of a human being is not a commodity or an article of commerce.2.Nothing in this chapter forbids the existence and operation of any labor, agricultural,<br>or horticultural organization instituted for the purpose of mutual help, while lawfully<br>carrying out its legitimate objects.51-08.1-05. Judicial jurisdiction. An action for violation of this chapter must be broughtin district court.51-08.1-06. Official investigation.1.If the attorney general has reasonable cause to believe that a person has<br>information or is in possession, custody, or control of any document or other tangible<br>object relevant to an investigation for violation of this chapter, the attorney general<br>may serve upon the person, before bringing any action in the district court, a written<br>demand to appear and be examined under oath, to answer written interrogatories<br>under oath, and to produce the document or object for inspection and copying. The<br>demand must:a.Be served upon the person in the manner required for service of process in this<br>state;b.Describe the nature of the conduct constituting the violation under investigation;c.Describe the document or object with sufficient definiteness to permit it to be<br>fairly identified;d.Contain a copy of the written interrogatories;e.Prescribe a reasonable time at which the person must appear to testify, within<br>which to answer the written interrogatories, and within which the document or<br>object must be produced, and advise the person that a reasonable opportunity<br>will be afforded for examination and notation of corrections upon any transcript<br>of an oral examination, that a copy of one's own transcript can be obtained<br>upon payment of reasonable charges, and that objections to or reasons for notPage No. 1complying with the demand may be filed with the attorney general at or before<br>the designated time;f.Specify a place for the taking of testimony or for production and designate a<br>person who shall be custodian of the document or object; andg.Contain a copy of subsection 2.2.If a person objects to or otherwise fails to comply with the written demand served<br>upon that person under subsection 1, the attorney general may file in the district<br>court of the county in which the person resides, or in which the person maintains a<br>principal place of business within this state, a petition for an order to enforce the<br>demand. Notice of hearing the petition and a copy of the petition must be served<br>upon the person, who may appear in opposition to the petition. If the court finds that<br>the demand is proper, there is reasonable cause to believe there has been a<br>violation of this chapter, and the information sought or document or object<br>demanded is relevant to the violation, it shall order the person to comply with the<br>demand, subject to modification the court may prescribe.Upon motion by theperson and for good cause shown, the court may make any further order in the<br>proceedings that justice requires to protect the person from unreasonable<br>annoyance, embarrassment, oppression, burden, or expense.3.Any procedure, testimony taken, or material produced under this section must be<br>kept confidential by the attorney general before bringing an action against a person<br>under this chapter for the violation under investigation, unless confidentiality is<br>waived by the person being investigated and the person who has testified, answered<br>interrogatories, or produced material, or disclosure is authorized by the court.51-08.1-07. Civil penalty and injunctive enforcement by state. The attorney general,or a state's attorney with the permission or at the request of the attorney general, may bring an<br>action for appropriate injunctive relief and civil penalties in the name of the state for a violation of<br>this chapter. The trier of fact may assess for the benefit of the state a civil penalty of not more<br>than fifty thousand dollars for each violation of this chapter.51-08.1-08. Damages and injunctive relief.1.The state, a political subdivision, or any public agency threatened with injury or<br>injured in its business or property by a violation of this chapter may bring an action<br>for appropriate injunctive or other equitable relief, damages sustained and, as<br>determined by the court, taxable costs and reasonable attorney's fees.2.A person threatened with injury or injured in that person's business or property by a<br>violation of this chapter may bring an action for appropriate injunctive or other<br>equitable relief, damages sustained and, as determined by the court, taxable costs<br>and reasonable attorney's fees. If the trier of fact finds that the violation is flagrant, it<br>may increase recovery to an amount not in excess of three times the damages<br>sustained.3.In any action for damages under this section, the fact that the state, political<br>subdivision, public agency, or person threatened with injury or injured in its business<br>or property by any violation of the provisions of this chapter has not dealt directly<br>with the defendant does not bar recovery.4.In any action for damages under this section, any defendant, as a partial or complete<br>defense against a claim for damages, is entitled to prove that the plaintiff purchaser,<br>or seller in the chain of manufacture, production, or distribution, who paid any<br>overcharge or received any underpayment passed on all or any part of the<br>overcharge or underpayment to another purchaser or seller in that action.Page No. 251-08.1-09. Judgment in favor of state as prima facie evidence. A final judgment ordecree determining that a person has violated this chapter in an action brought by the state<br>under section 51-08.1-07 or under subsection 1 of section 51-08.1-08, other than a consent<br>judgment or decree entered before any testimony has been taken, is prima facie evidence<br>against that person in any other action against that person under section 51-08.1-08 as to all<br>matters with respect to which the judgment or decree would be an estoppel between the parties<br>thereto. This section does not affect the application of collateral estoppel or issue preclusion.51-08.1-10. Limitation of actions.1.An action under section 51-08.1-07 to recover a civil penalty is barred if it is not<br>commenced within four years after the claim for relief accrues.2.An action under section 51-08.1-08 to recover damages is barred if it is not<br>commenced within four years after the claim for relief accrues, or within one year<br>after the conclusion of any timely action brought by the state under section<br>51-08.1-07 or 51-08.1-08 based in whole or in part on any matter complained of in<br>the action for damages, whichever is later.51-08.1-11.Remedies cumulative.The remedies provided in this chapter arecumulative.51-08.1-12.Rights, privileges, and immunities.Nothing in this chapter may beconstrued so as to abrogate an individual's constitutionally guaranteed rights, privileges, and<br>immunities.Page No. 3Document Outlinechapter 51-08.1 uniform state antitrust act