CHAPTER 3. COMBINATIONS TO PREVENT SALE OF SUPPLIES
IC 24-1-3
Chapter 3. Combinations to Prevent Sale of Supplies
IC 24-1-3-1
Offenses; voiding contracts
Sec. 1. A person who enters into any contract or combination toinduce, procure, or prevent any wholesale or retail dealer in ormanufacturer of merchandise or of supplies or of material or articlesintended for trade or used by any mechanic, artisan, or dealer in theprosecution of his business from selling such supplies to any dealeror to any mechanic or artisan commits a Class A misdemeanor. Adealer in or manufacturer of such supplies, material, or articles whois a party to any such contract or combination or who upon therequest of any party to any such contract or combination refuses tosell such supplies, materials, or articles to any other person who mayrequire them in the prosecution of his business, for the reason thatthe other person is not a member of a combination or association ofpersons, commits a Class A misdemeanor. All such contracts andcombinations are void.
(Formerly: Acts 1899, c.148, s.1.) As amended by Acts 1978, P.L.2,SEC.2405.
IC 24-1-3-2
Repealed
(Repealed by Acts 1978, P.L.2, SEC.2426.)
IC 24-1-3-3
Continuing violations; penalties
Sec. 3. Each and every person, firm, limited liability company, orassociation of persons who shall in any manner violate the provisionsof this chapter shall, for each and every day that such violation shallbe committed and continued after due notice given by the partyinterested to the attorney general or prosecuting attorney, forfeit andpay the sum of fifty dollars ($50), which may be recovered in thename of the state on the relation of the party injured or on therelation of the prosecuting attorney in any county where the offenseis committed or where the offender or offenders reside. And it shallbe the duty of the prosecuting attorney of any county to prosecuteany such action, and he shall be entitled to a fee of twenty-fivedollars ($25) to be taxed against the defendant in the event ofrecovery as a part of the costs of said action. Any such action may betaken in any circuit or superior court of the county in which thedefendant resides or in which he is engaged in business.
(Formerly: Acts 1899, c.148, s.3.) As amended by P.L.152-1986,SEC.15; P.L.8-1993, SEC.336.
IC 24-1-3-3.1
Attorney general may bring action on behalf of the state or apolitical subdivision
Sec. 3.1. The attorney general may bring an action on behalf of
the state or a political subdivision (as defined in IC 34-6-2-110) forinjuries or damages sustained directly or indirectly as a result of a:
(1) contract or combination described in section 1 of thischapter; or
(2) violation of this chapter.
As added by P.L.135-2008, SEC.5.
IC 24-1-3-4
Civil action by injured party; attorney general's representation ofthe state or political subdivision
Sec. 4. (a) Any person who has suffered injuries or damages as aresult of a contract or combination described in section 1 of thischapter, or by any other violation of this chapter, may bring an actionin a circuit or superior court having jurisdiction in the county wherethe defendant resides or is engaged in business, or in any countywhere service may be obtained, without respect to the amount incontroversy. The plaintiff in an action brought under this section isentitled to recover threefold damages awarded in the action, plusreasonable costs and attorney's fees.
(b) The attorney general may bring an action under this section onbehalf of the state or a political subdivision.
(Formerly: Acts 1899, c.148, s.4.) As amended by P.L.152-1986,SEC.16; P.L.135-2008, SEC.6.
IC 24-1-3-5
Service of process; parties residing outside county in which actionarises
Sec. 5. Whenever it shall appear to the court before which anyproceedings under this chapter may be pending that the ends ofjustice require that other parties shall be brought before the court,said court may cause them to be made parties defendant and causethem to be served by the process of court as required by law in suchcases provided, whether they reside in the county where said actionis pending or not.
(Formerly: Acts 1899, c.148, s.5.) As amended by P.L.152-1986,SEC.17.