CHAPTER 1. CONTRACTS TO PREVENT COMPETITION
IC 24
TITLE 24. TRADE REGULATION
IC 24-1
ARTICLE 1. COMBINATIONS IN RESTRAINT OFTRADE
IC 24-1-1
Chapter 1. Contracts to Prevent Competition
IC 24-1-1-1
Contracts against public policy; null and void contracts
Sec. 1. From and after April 14, 1897, all arrangements, contracts,agreements, trusts or combinations between persons or corporationswho control the output of any article of merchandise, made with aview to lessen, or which tend to lessen, full and free competition inthe importation or sale of articles imported into this state, and allarrangements, contracts, agreements, trusts, or combinations betweenpersons or corporations who control the output of said article ofmerchandise, designed, or which tend to advance, reduce, or controlthe price or the cost to the producer or to the consumer of any suchproduct or article, are hereby declared to be against public policy,unlawful, and void.
(Formerly: Acts 1897, c.104, s.1.) As amended by P.L.152-1986,SEC.1.
IC 24-1-1-2
Violation of chapter; domestic corporations; forfeiture of charterand franchise; foreign corporations; prohibition
Sec. 2. Any corporation, chartered under the laws of this state,which shall violate any of the provisions of this chapter shall therebyforfeit its charter and its franchise, and its corporate existence shallthereupon cease and determine. Every foreign corporation whichshall violate any of the provisions of this chapter is hereby denied theright to do and is prohibited from doing business in this state. It ishereby made the duty of the attorney general of the state to enforcethis section by due process of law.
(Formerly: Acts 1897, c.104, s.2.) As amended by P.L.152-1986,SEC.2.
IC 24-1-1-3
Offense
Sec. 3. A person who knowingly violates this chapter commits aClass C felony.
(Formerly: Acts 1897, c.104, s.3.) As amended by Acts 1978, P.L.2,SEC.2401.
IC 24-1-1-4
Persons affected by chapter; exception Sec. 4. The persons designed by this chapter to be affected by thischapter are those who own, control, or manufacture the output of anyparticular article of merchandise mentioned in this chapter; provided,however, that the provisions of this chapter shall not apply toagricultural products or livestock while in the possession of theproducer or raiser.
(Formerly: Acts 1897, c.104, s.4.) As amended by P.L.152-1986,SEC.3.
IC 24-1-1-5
Civil suit for damages
Sec. 5. Any person or persons or corporations that may be injuredor damaged by any such arrangement, contract, agreement, trust, orcombination described in section 1 of this chapter may sue for andrecover in any court of competent jurisdiction in this state, of anyperson, persons, or corporation operating such trust or combination,the full consideration or sum paid by him or them for any goods,wares, merchandise, or articles, the sale of which is controlled bysuch combination or trust.
(Formerly: Acts 1897, c.104, s.5.) As amended by P.L.152-1986,SEC.4.
IC 24-1-1-5.1
Attorney general may bring action on behalf of the state or apolitical subdivision
Sec. 5.1. The attorney general may bring an action on behalf ofthe state or a political subdivision (as defined in IC 34-6-2-110) forinjuries or damages sustained directly or indirectly as a result of aviolation of this chapter.
As added by P.L.135-2008, SEC.1.
IC 24-1-1-5.2
Attorney general may bring action on behalf of the state or apolitical subdivision
Sec. 5.2. (a) The attorney general may bring an action in a countyon behalf of the state or a political subdivision (as defined inIC 34-6-2-110) for injuries or damages sustained directly orindirectly as a result of a violation of this chapter.
(b) An action brought under this section may be brought, withoutrespect to the amount in controversy, in a circuit or superior court ina county in which the defendant resides or is engaged in business, orin which service may be obtained.
(c) The plaintiff in an action brought under this section is entitledto recover a penalty of threefold the damages awarded in the action,plus reasonable costs and attorney's fees.
As added by P.L.135-2008, SEC.2.
IC 24-1-1-6
Special grand jury instructions
Sec. 6. It shall be the duty of the judges of the circuit courts of
this state specially to instruct the grand juries as to the provisions ofthis chapter.
(Formerly: Acts 1897, c.104, s.6.) As amended by P.L.152-1986,SEC.5.