CHAPTER 4. COMBINATIONS COMPELLING MANUFACTURERS TO CLOSE DOWN
IC 24-1-4
Chapter 4. Combinations Compelling Manufacturers to CloseDown
IC 24-1-4-1
Refusal to furnish product in ordinary commercial usage; violationof public policy; unlawful and void act
Sec. 1. From and after March 8, 1901, all arrangements,agreements, trusts, or combinations, or any agreement orarrangements that are made whereby a party or corporation refusesto furnish any article or articles required to be used in themanufacture of any article or merchandise when the party orcorporation can furnish the same, or by charging more than theregular and ordinary price for the same or doing or refusing to do anyact or acts that would cause such party to cease to manufacture sucharticle or hinder such person or corporation from so doing, and allarrangements, contracts, or acts done or performed between anyperson or corporation made for the purpose of compelling any personor corporation engaged in the business of manufacturing any articleof merchandise to cease manufacturing any such article, orcompelling the same to close down or go out of business, are herebydeclared 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 charterand franchise; foreign corporations; prohibition; duty of attorneygeneral
Sec. 2. (a) Any corporation chartered under the laws of this statewhich shall violate any of the provisions of this chapter shall therebyforfeit its charter and its franchise, and its corporate existence shallthereupon cease and terminate. Every foreign corporation which shallviolate any of the provisions of this chapter is hereby denied the rightto do and is prohibited from doing business in this state.
(b) It is hereby made the duty of the attorney general of the stateto 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 aClass C felony.
(Formerly: Acts 1901, c.107, s.3.) As amended by Acts 1978, P.L.2,SEC.2406.
IC 24-1-4-4
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 combinationdescribed in section 1 of this chapter may bring an action in anycourt of competent jurisdiction in this state to recover the fullconsideration or sum paid by the person for any goods, wares ormerchandise, or article the sale of which is controlled by thecombination or trust. In addition, the person is entitled to recover apenalty of threefold the 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 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 politicalsubdivision
Sec. 5. The attorney general may bring an action on behalf of thestate or any political subdivision (as defined in IC 34-6-2-110) thathas been directly or indirectly injured or damaged by:
(1) an arrangement, agreement, trust, or combination describedin section 1 of this chapter; or
(2) any other violation of this chapter.
As added by P.L.135-2008, SEC.8.