IC 24-1-2
    Chapter 2. Combinations Restraining Trade

IC 24-1-2-1
Illegal combinations; exceptions; offense; defense
    Sec. 1. Every scheme, contract, or combination in restraint oftrade or commerce, or to create or carry out restrictions in trade orcommerce, or to deny or refuse to any person participation, on equalterms with others, in any telegraphic service transmitting matterprepared or intended for public use, or to limit or reduce theproduction, or increase or reduce the price of merchandise or anycommodity, or to prevent competition in manufacturing, within orwithout this state, is illegal, but this chapter may not be construed toapply to or repeal, modify or limit, or make unlawful any of thepowers, rights or privileges now existing or conferred by law uponany person. A person who makes such a contract, engages in such acombination, or enters into such a scheme, or does within this stateany act in furtherance of such a contract, combination, or schemeentered into without this state, commits a Class A misdemeanor.However, it is a defense to any action growing out of any violationof any law relating to the subject-matter of this chapter for thedefendant to prove that the violation is not in restraint of trade orcommerce, or does not restrict trade or commerce, limit or reduce theproduction, or increase or reduce the price of merchandise or anycommodity, or prevent competition in manufacturing.
(Formerly: Acts 1907, c.243, s.1.) As amended by Acts 1978, P.L.2,SEC.2402.

IC 24-1-2-2
Monopoly; offense
    Sec. 2. A person who monopolizes any part of the trade orcommerce within this state commits a Class A misdemeanor.
(Formerly: Acts 1907, c.243, s.2.) As amended by Acts 1978, P.L.2,SEC.2403.

IC 24-1-2-3
Restraint of bidding for letting contracts; offense
    Sec. 3. A person who engages in any scheme, contract, orcombination to restrain or restrict bidding for the letting of anycontract for private or public work, or restricts free competition forthe letting of any contract for private or public work, commits aClass A misdemeanor.
(Formerly: Acts 1907, c.243, s.3.) As amended by Acts 1978, P.L.2,SEC.2404.

IC 24-1-2-4
Collusion among contract bidders; civil action by principal; actionby attorney general
    Sec. 4. If there shall be collusion or fraud of any kind or characteramong the bidders at the letting of any contract or work as provided

in section 3 of this chapter, then the principal who lets the contractor work, or for whom the contract was let, shall not be liable for suchletting or on account of said contract or work, or any part thereof, tothe successful bidder to whom the contract or work was let, hissuccessors or assigns, if such successful bidder be a party, directlyor indirectly, to such collusion or fraud on such contract or letting,or for any work, materials furnished, or thing done in dischargethereof or with reference thereto, and if before notice of suchcollusion or fraud payment or partial payment thereon or thereforshall have been made, such principal may at any time within five (5)years from the date of the last payment made thereon or therefor inan appropriate action in any court of competent jurisdiction in thisstate recover to the full amount of such payment or payments withinterest to date of judgment thereon, and attorney's fees, against suchsuccessful bidder, and such recovery shall not be a bar to any action,either civil or criminal, brought against such bidder on account ofany violation of this chapter on behalf of the state by the attorneygeneral, a prosecuting attorney, or otherwise.
(Formerly: Acts 1907, c.243, s.4.) As amended by P.L.152-1986,SEC.6.

IC 24-1-2-5
Duty of attorney general and prosecuting attorney; civil andcriminal proceedings
    Sec. 5. It shall be the duty of the attorney general and of theprosecuting attorney of each judicial circuit to institute appropriateproceedings to prevent and restrain violations of the provisions ofthis chapter or any other statute or the common law relating to thesubject matter of this chapter and to prosecute any person or personsguilty of having violated any of the penal provisions thereof. In allcriminal proceedings the prosecution may be by way of affidavit orindictment the same as in other criminal matters, and the attorneygeneral shall have concurrent jurisdiction with the prosecutingattorneys in instituting and prosecuting any such actions. All civilproceedings to prevent and restrain violations shall be in the name ofthe state of Indiana upon relation of the proper party. The attorneygeneral may file such proceedings upon his own relation or that ofany private person in any circuit or superior court of the state,without applying to such court for leave, when he shall deem it hisduty so to do. Such proceedings shall be by information filed by anyprosecuting attorney in a circuit or superior court of the propercounty upon his own relation whenever he shall deem it his duty soto do, or shall be directed by the court or governor or attorneygeneral, and an information may be filed by any taxpayer on his ownrelation. If judgment or decree be rendered against any domesticcorporation or against any person claiming to be a corporation, thecourt may cause the costs to be collected by execution against theperson claiming to be a corporation or by attachment against any orall of the directors or officers of the corporation, and may restrain thecorporation or any director, agent, employee, or stockholder and

appoint a receiver for its property and effects, and take an accountingand make distribution of its assets among its creditors, and exerciseany other power or authority necessary and proper for carrying outthe provisions of this chapter. If judgment or decree be renderedagainst any corporation incorporated under the laws of the UnitedStates, or of any district or territory thereof, or of any state other thanthis state, or of any foreign country, the court may cause the costs tobe collected as in this section provided and may render judgment anddecree of ouster perpetually excluding such corporation from theprivilege of transacting business in the state of Indiana and forfeitingto the school fund any or all property of such corporation within thestate, and shall exercise such power and authority with regard to theproperty of such corporation as may be exercised with regard to thatof domestic corporations.
(Formerly: Acts 1907, c.243, s.5; Acts 1923, c.82, s.1.) As amendedby P.L.152-1986, SEC.7.

IC 24-1-2-5.1
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.3.

IC 24-1-2-6
Discovery proceedings; examination of defendant; sanctions fornoncompliance
    Sec. 6. In all proceedings instituted under and pursuant to section5 of this chapter, the plaintiff may propound interrogatories to thedefendant or defendants to be answered by such defendant ordefendants under oath, as is provided by law in civil actions, and ifany defendant to whom interrogatories be propounded as aforesaidbe a corporation, then such interrogatories shall be answered by thehighest officer of such corporation, or by any other officer, agent, oremployee of such corporation designated by the plaintiff. Theplaintiff in any such action shall be entitled upon motion to an orderfor an examination under oath before trial of any defendant or all thedefendants in such action, and if any defendant in such action be acorporation, then of any officer, agent, or employee of any suchdefendant corporation, concerning any or all of the facts alleged inthe information or other pleadings in such cause. The said defendantshall be given five (5) days' notice by the plaintiff of the time andplace of the taking of said examination, but such officer, agent, oremployee shall not be compelled to attend such examination exceptin the county where he resides or where the principal office or placeof business of such corporation be situate in this state. If suchdefendant corporation be incorporated under the laws of the UnitedStates, or of any district or territory thereof, or of any state other than

the state of Indiana, or of any foreign country, and the officer, agent,or employee to be examined be without the jurisdiction of this state,then such defendant shall produce the officer, agent, or employee tobe examined as aforesaid at some place in the city or town where theprincipal office or place of business of such defendant be situate,upon five (5) days' notice being served upon the attorneys of suchdefendant corporation of the time and place fixed for the examinationof such officer, agent or employee. In any examination of anydefendant or of any officer, agent, or employee of any defendantcorporation, such defendant officer, agent or employee may becompelled upon notice to produce for inspection by the plaintiff andto testify concerning the same, or for use in evidence upon the trial,or both, all books, papers, documents, or writings pertaining or inany wise relating to the facts, or any of them, stated in theinformation or other pleadings filed in the cause. In such notice toproduce for inspection and testimony or for trial, or both, it shall onlybe necessary to notify the defendant or the attorney or attorneys ofthe defendant to produce, at the time and place fixed in the notice, allbooks, papers, documents, or writings pertaining or in any wiserelating to the facts stated in the information or other pleadings filed,and it shall not be necessary to state in such notice the particularbooks, papers, documents, or writings to be produced at such timeand place. Such examinations shall be taken before an officerauthorized to take depositions and may be continued from day to day.Upon the failure or refusal of any defendant to comply with anyorder made as aforesaid to answer interrogatories, or for theexamination of the defendant or the officer, agent, or employee ofany defendant corporation, or upon the failure or refusal of anydefendant corporation to produce any officer, agent, or employee forexamination when notified as aforesaid, or upon the failure or refusalof any defendant to produce books, papers, documents, and writingswhen notified as aforesaid, then all pleadings of such defendant sofailing to comply with such order or notice shall be stricken from thefiles upon motion supported by affidavit, and the allegations of theinformation as to such defendant in default shall be taken asconfessed and judgment and decree shall be entered accordingly.
(Formerly: Acts 1907, c.243, s.6.) As amended by P.L.152-1986,SEC.8.

IC 24-1-2-7
Treble damage action; attorney general's representation of state orpolitical subdivision
    Sec. 7. (a) Any person whose business or property is injured by aviolation of this chapter may bring an action in the circuit or superiorcourt of any county in which the defendant resides or is foundwithout respect to the amount in controversy, and is entitled torecover a penalty of threefold the damages awarded in the action,together with the costs of suit, including reasonable attorney's fees.
    (b) The attorney general may bring an action under this section onbehalf of the state or a political subdivision if the state or political

subdivision has been directly or indirectly injured by a violation ofthis section.
(Formerly: Acts 1907, c.243, s.7.) As amended by P.L.152-1986,SEC.9; P.L.135-2008, SEC.4.

IC 24-1-2-8
General importance of case; certificate
    Sec. 8. In any proceeding under this chapter the attorney generalor prosecuting attorney may file with the clerk of the court acertificate that in his opinion the case is of general importance, acopy of which shall be immediately furnished by said clerk to thejudge or each of the judges of the court wherein the proceedings maybe pending, and the court shall thereupon make the proper orders inthe premises.
(Formerly: Acts 1907, c.243, s.8.) As amended by P.L.152-1986,SEC.10.

IC 24-1-2-9
Costs of proceedings
    Sec. 9. Whenever an information is filed by the attorney generalor by any prosecuting attorney, such officer shall not be liable forcosts; but when it is filed upon the relation of a private person, heshall be liable for costs unless the same are adjudged against thedefendant. In all proceedings instituted under the provisions of thischapter by the attorney general or by the prosecuting attorney on theorder and direction of the court, the attorney general, or the governor,all necessary costs and expenses of the prosecution shall be paid outof moneys in the state treasury not otherwise appropriated if suchcosts cannot be collected from the defendant or defendants, in casejudgment be rendered against such defendant or defendants, and itshall be the duty of the auditor of state, upon receipt from theattorney general of a statement of the costs and expenses of any suchprosecution, to draw his warrant upon the treasurer of state for theamount so certified; provided, however, that the attorney generalshall not involve the state in any extraordinary expense for expertsor other assistants without first obtaining the consent of the governor,and twenty thousand dollars ($20,000) is appropriated bienniallyfrom any funds of the state not otherwise appropriated to defray theexpenses of such prosecutions by the attorney general. Suchprosecuting attorney shall also be allowed by the court trying suchcause reasonable compensation for his services, and such allowancesshall be paid as part of the costs and expenses of such prosecution.
(Formerly: Acts 1907, c.243, s.9.) As amended by P.L.152-1986,SEC.11.

IC 24-1-2-10
Person; definition
    Sec. 10. The words "person" or "persons" whenever used in thischapter shall be deemed to include corporations, associations, limitedliability companies, joint stock companies, partnerships, limited or

otherwise, existing under or authorized by the laws of the state ofIndiana, or of the United States, or of any state, territory, or districtof the United States, or of any foreign country.
(Formerly: Acts 1907, c.243, s.10.) As amended by P.L.152-1986,SEC.12; P.L.8-1993, SEC.335.

IC 24-1-2-11
Examination of witness or party; immunity from criminalprosecution
    Sec. 11. Any person or officer, agent, or employee of acorporation may be examined as a witness or a party as in othercases, in any civil action instituted under the provisions of thischapter and required to disclose all the facts relevant to the case inhis knowledge as provided in this chapter, but the testimony of suchwitness or party or any answer to any question propounded to him insuch examination shall not be used against such witness or party inany criminal prosecution except in case of perjury committed by himtherein; and he shall not be liable to trial by indictment or affidavitor to punishment for any offense inquired about; provided, however,that such exemption shall be personal to such witness and shall notexempt or render immune the corporation of which such witnessshall be an officer, agent, or employee, and such corporation shall beas liable for any violation of this chapter as if such officer, agent, oremployee had not so testified.
(Formerly: Acts 1907, c.243, s.11; Acts 1923, c.82, s.2.) As amendedby P.L.152-1986, SEC.13.

IC 24-1-2-12
Cumulative and supplemental effect of chapter
    Sec. 12. The provisions of this chapter shall be held cumulativeof or supplemental to each other and of all other laws in any wayaffecting them, or any matter which in any manner is the subject ofthis chapter in this state, and cumulative of and supplemental to thecommon law of this state relative thereto or to any thereof.
(Formerly: Acts 1907, c.243, s.12.) As amended by P.L.152-1986,SEC.14.