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 of
trade or commerce, or to create or carry out restrictions in trade or
commerce, or to deny or refuse to any person participation, on equal
terms with others, in any telegraphic service transmitting matter
prepared or intended for public use, or to limit or reduce the
production, or increase or reduce the price of merchandise or any
commodity, or to prevent competition in manufacturing, within or
without this state, is illegal, but this chapter may not be construed to
apply to or repeal, modify or limit, or make unlawful any of the
powers, rights or privileges now existing or conferred by law upon
any person. A person who makes such a contract, engages in such a
combination, or enters into such a scheme, or does within this state
any act in furtherance of such a contract, combination, or scheme
entered into without this state, commits a Class A misdemeanor.
However, it is a defense to any action growing out of any violation
of any law relating to the subject-matter of this chapter for the
defendant to prove that the violation is not in restraint of trade or
commerce, or does not restrict trade or commerce, limit or reduce the
production, or increase or reduce the price of merchandise or any
commodity, 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 or
commerce 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, or
combination to restrain or restrict bidding for the letting of any
contract for private or public work, or restricts free competition for
the letting of any contract for private or public work, commits a
Class 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; action
by attorney general
Sec. 4. If there shall be collusion or fraud of any kind or character
among the bidders at the letting of any contract or work as provided
in section 3 of this chapter, then the principal who lets the contract
or work, or for whom the contract was let, shall not be liable for such
letting or on account of said contract or work, or any part thereof, to
the successful bidder to whom the contract or work was let, his
successors or assigns, if such successful bidder be a party, directly
or indirectly, to such collusion or fraud on such contract or letting,
or for any work, materials furnished, or thing done in discharge
thereof or with reference thereto, and if before notice of such
collusion or fraud payment or partial payment thereon or therefor
shall have been made, such principal may at any time within five (5)
years from the date of the last payment made thereon or therefor in
an appropriate action in any court of competent jurisdiction in this
state recover to the full amount of such payment or payments with
interest to date of judgment thereon, and attorney's fees, against such
successful bidder, and such recovery shall not be a bar to any action,
either civil or criminal, brought against such bidder on account of
any violation of this chapter on behalf of the state by the attorney
general, 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 and
criminal proceedings
Sec. 5. It shall be the duty of the attorney general and of the
prosecuting attorney of each judicial circuit to institute appropriate
proceedings to prevent and restrain violations of the provisions of
this chapter or any other statute or the common law relating to the
subject matter of this chapter and to prosecute any person or persons
guilty of having violated any of the penal provisions thereof. In all
criminal proceedings the prosecution may be by way of affidavit or
indictment the same as in other criminal matters, and the attorney
general shall have concurrent jurisdiction with the prosecuting
attorneys in instituting and prosecuting any such actions. All civil
proceedings to prevent and restrain violations shall be in the name of
the state of Indiana upon relation of the proper party. The attorney
general may file such proceedings upon his own relation or that of
any private person in any circuit or superior court of the state,
without applying to such court for leave, when he shall deem it his
duty so to do. Such proceedings shall be by information filed by any
prosecuting attorney in a circuit or superior court of the proper
county upon his own relation whenever he shall deem it his duty so
to do, or shall be directed by the court or governor or attorney
general, and an information may be filed by any taxpayer on his own
relation. If judgment or decree be rendered against any domestic
corporation or against any person claiming to be a corporation, the
court may cause the costs to be collected by execution against the
person claiming to be a corporation or by attachment against any or
all of the directors or officers of the corporation, and may restrain the
corporation or any director, agent, employee, or stockholder and
appoint a receiver for its property and effects, and take an accounting
and make distribution of its assets among its creditors, and exercise
any other power or authority necessary and proper for carrying out
the provisions of this chapter. If judgment or decree be rendered
against any corporation incorporated under the laws of the United
States, or of any district or territory thereof, or of any state other than
this state, or of any foreign country, the court may cause the costs to
be collected as in this section provided and may render judgment and
decree of ouster perpetually excluding such corporation from the
privilege of transacting business in the state of Indiana and forfeiting
to the school fund any or all property of such corporation within the
state, and shall exercise such power and authority with regard to the
property of such corporation as may be exercised with regard to that
of domestic corporations. (Formerly: Acts 1907, c.243, s.5; Acts 1923, c.82, s.1.) As amended
by P.L.152-1986, SEC.7.
IC 24-1-2-5.1 Attorney general may bring action on behalf of the state or a
political subdivision
Sec. 5.1. The attorney general may bring an action on behalf of
the state or a political subdivision (as defined in IC 34-6-2-110) for
injuries or damages sustained directly or indirectly as a result of a
violation of this chapter. As added by P.L.135-2008, SEC.3.
IC 24-1-2-6 Discovery proceedings; examination of defendant; sanctions for
noncompliance
Sec. 6. In all proceedings instituted under and pursuant to section
5 of this chapter, the plaintiff may propound interrogatories to the
defendant or defendants to be answered by such defendant or
defendants under oath, as is provided by law in civil actions, and if
any defendant to whom interrogatories be propounded as aforesaid
be a corporation, then such interrogatories shall be answered by the
highest officer of such corporation, or by any other officer, agent, or
employee of such corporation designated by the plaintiff. The
plaintiff in any such action shall be entitled upon motion to an order
for an examination under oath before trial of any defendant or all the
defendants in such action, and if any defendant in such action be a
corporation, then of any officer, agent, or employee of any such
defendant corporation, concerning any or all of the facts alleged in
the information or other pleadings in such cause. The said defendant
shall be given five (5) days' notice by the plaintiff of the time and
place of the taking of said examination, but such officer, agent, or
employee shall not be compelled to attend such examination except
in the county where he resides or where the principal office or place
of business of such corporation be situate in this state. If such
defendant corporation be incorporated under the laws of the United
States, 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 to
be examined as aforesaid at some place in the city or town where the
principal office or place of business of such defendant be situate,
upon five (5) days' notice being served upon the attorneys of such
defendant corporation of the time and place fixed for the examination
of such officer, agent or employee. In any examination of any
defendant or of any officer, agent, or employee of any defendant
corporation, such defendant officer, agent or employee may be
compelled upon notice to produce for inspection by the plaintiff and
to testify concerning the same, or for use in evidence upon the trial,
or both, all books, papers, documents, or writings pertaining or in
any wise relating to the facts, or any of them, stated in the
information or other pleadings filed in the cause. In such notice to
produce for inspection and testimony or for trial, or both, it shall only
be necessary to notify the defendant or the attorney or attorneys of
the defendant to produce, at the time and place fixed in the notice, all
books, papers, documents, or writings pertaining or in any wise
relating to the facts stated in the information or other pleadings filed,
and it shall not be necessary to state in such notice the particular
books, papers, documents, or writings to be produced at such time
and place. Such examinations shall be taken before an officer
authorized to take depositions and may be continued from day to day.
Upon the failure or refusal of any defendant to comply with any
order made as aforesaid to answer interrogatories, or for the
examination of the defendant or the officer, agent, or employee of
any defendant corporation, or upon the failure or refusal of any
defendant corporation to produce any officer, agent, or employee for
examination when notified as aforesaid, or upon the failure or refusal
of any defendant to produce books, papers, documents, and writings
when notified as aforesaid, then all pleadings of such defendant so
failing to comply with such order or notice shall be stricken from the
files upon motion supported by affidavit, and the allegations of the
information as to such defendant in default shall be taken as
confessed 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 or
political subdivision
Sec. 7. (a) Any person whose business or property is injured by a
violation of this chapter may bring an action in the circuit or superior
court of any county in which the defendant resides or is found
without respect to the amount in controversy, and is entitled to
recover 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 on
behalf of the state or a political subdivision if the state or political
subdivision has been directly or indirectly injured by a violation of
this 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 general
or prosecuting attorney may file with the clerk of the court a
certificate that in his opinion the case is of general importance, a
copy of which shall be immediately furnished by said clerk to the
judge or each of the judges of the court wherein the proceedings may
be pending, and the court shall thereupon make the proper orders in
the 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 general
or by any prosecuting attorney, such officer shall not be liable for
costs; but when it is filed upon the relation of a private person, he
shall be liable for costs unless the same are adjudged against the
defendant. In all proceedings instituted under the provisions of this
chapter by the attorney general or by the prosecuting attorney on the
order and direction of the court, the attorney general, or the governor,
all necessary costs and expenses of the prosecution shall be paid out
of moneys in the state treasury not otherwise appropriated if such
costs cannot be collected from the defendant or defendants, in case
judgment be rendered against such defendant or defendants, and it
shall be the duty of the auditor of state, upon receipt from the
attorney general of a statement of the costs and expenses of any such
prosecution, to draw his warrant upon the treasurer of state for the
amount so certified; provided, however, that the attorney general
shall not involve the state in any extraordinary expense for experts
or other assistants without first obtaining the consent of the governor,
and twenty thousand dollars ($20,000) is appropriated biennially
from any funds of the state not otherwise appropriated to defray the
expenses of such prosecutions by the attorney general. Such
prosecuting attorney shall also be allowed by the court trying such
cause reasonable compensation for his services, and such allowances
shall 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 this
chapter shall be deemed to include corporations, associations, limited
liability companies, joint stock companies, partnerships, limited or
otherwise, existing under or authorized by the laws of the state of
Indiana, or of the United States, or of any state, territory, or district
of 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 criminal
prosecution
Sec. 11. Any person or officer, agent, or employee of a
corporation may be examined as a witness or a party as in other
cases, in any civil action instituted under the provisions of this
chapter and required to disclose all the facts relevant to the case in
his knowledge as provided in this chapter, but the testimony of such
witness or party or any answer to any question propounded to him in
such examination shall not be used against such witness or party in
any criminal prosecution except in case of perjury committed by him
therein; and he shall not be liable to trial by indictment or affidavit
or to punishment for any offense inquired about; provided, however,
that such exemption shall be personal to such witness and shall not
exempt or render immune the corporation of which such witness
shall be an officer, agent, or employee, and such corporation shall be
as liable for any violation of this chapter as if such officer, agent, or
employee had not so testified. (Formerly: Acts 1907, c.243, s.11; Acts 1923, c.82, s.2.) As amended
by 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 cumulative
of or supplemental to each other and of all other laws in any way
affecting them, or any matter which in any manner is the subject of
this chapter in this state, and cumulative of and supplemental to the
common 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.
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 of
trade or commerce, or to create or carry out restrictions in trade or
commerce, or to deny or refuse to any person participation, on equal
terms with others, in any telegraphic service transmitting matter
prepared or intended for public use, or to limit or reduce the
production, or increase or reduce the price of merchandise or any
commodity, or to prevent competition in manufacturing, within or
without this state, is illegal, but this chapter may not be construed to
apply to or repeal, modify or limit, or make unlawful any of the
powers, rights or privileges now existing or conferred by law upon
any person. A person who makes such a contract, engages in such a
combination, or enters into such a scheme, or does within this state
any act in furtherance of such a contract, combination, or scheme
entered into without this state, commits a Class A misdemeanor.
However, it is a defense to any action growing out of any violation
of any law relating to the subject-matter of this chapter for the
defendant to prove that the violation is not in restraint of trade or
commerce, or does not restrict trade or commerce, limit or reduce the
production, or increase or reduce the price of merchandise or any
commodity, 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 or
commerce 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, or
combination to restrain or restrict bidding for the letting of any
contract for private or public work, or restricts free competition for
the letting of any contract for private or public work, commits a
Class 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; action
by attorney general
Sec. 4. If there shall be collusion or fraud of any kind or character
among the bidders at the letting of any contract or work as provided
in section 3 of this chapter, then the principal who lets the contract
or work, or for whom the contract was let, shall not be liable for such
letting or on account of said contract or work, or any part thereof, to
the successful bidder to whom the contract or work was let, his
successors or assigns, if such successful bidder be a party, directly
or indirectly, to such collusion or fraud on such contract or letting,
or for any work, materials furnished, or thing done in discharge
thereof or with reference thereto, and if before notice of such
collusion or fraud payment or partial payment thereon or therefor
shall have been made, such principal may at any time within five (5)
years from the date of the last payment made thereon or therefor in
an appropriate action in any court of competent jurisdiction in this
state recover to the full amount of such payment or payments with
interest to date of judgment thereon, and attorney's fees, against such
successful bidder, and such recovery shall not be a bar to any action,
either civil or criminal, brought against such bidder on account of
any violation of this chapter on behalf of the state by the attorney
general, 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 and
criminal proceedings
Sec. 5. It shall be the duty of the attorney general and of the
prosecuting attorney of each judicial circuit to institute appropriate
proceedings to prevent and restrain violations of the provisions of
this chapter or any other statute or the common law relating to the
subject matter of this chapter and to prosecute any person or persons
guilty of having violated any of the penal provisions thereof. In all
criminal proceedings the prosecution may be by way of affidavit or
indictment the same as in other criminal matters, and the attorney
general shall have concurrent jurisdiction with the prosecuting
attorneys in instituting and prosecuting any such actions. All civil
proceedings to prevent and restrain violations shall be in the name of
the state of Indiana upon relation of the proper party. The attorney
general may file such proceedings upon his own relation or that of
any private person in any circuit or superior court of the state,
without applying to such court for leave, when he shall deem it his
duty so to do. Such proceedings shall be by information filed by any
prosecuting attorney in a circuit or superior court of the proper
county upon his own relation whenever he shall deem it his duty so
to do, or shall be directed by the court or governor or attorney
general, and an information may be filed by any taxpayer on his own
relation. If judgment or decree be rendered against any domestic
corporation or against any person claiming to be a corporation, the
court may cause the costs to be collected by execution against the
person claiming to be a corporation or by attachment against any or
all of the directors or officers of the corporation, and may restrain the
corporation or any director, agent, employee, or stockholder and
appoint a receiver for its property and effects, and take an accounting
and make distribution of its assets among its creditors, and exercise
any other power or authority necessary and proper for carrying out
the provisions of this chapter. If judgment or decree be rendered
against any corporation incorporated under the laws of the United
States, or of any district or territory thereof, or of any state other than
this state, or of any foreign country, the court may cause the costs to
be collected as in this section provided and may render judgment and
decree of ouster perpetually excluding such corporation from the
privilege of transacting business in the state of Indiana and forfeiting
to the school fund any or all property of such corporation within the
state, and shall exercise such power and authority with regard to the
property of such corporation as may be exercised with regard to that
of domestic corporations. (Formerly: Acts 1907, c.243, s.5; Acts 1923, c.82, s.1.) As amended
by P.L.152-1986, SEC.7.
IC 24-1-2-5.1 Attorney general may bring action on behalf of the state or a
political subdivision
Sec. 5.1. The attorney general may bring an action on behalf of
the state or a political subdivision (as defined in IC 34-6-2-110) for
injuries or damages sustained directly or indirectly as a result of a
violation of this chapter. As added by P.L.135-2008, SEC.3.
IC 24-1-2-6 Discovery proceedings; examination of defendant; sanctions for
noncompliance
Sec. 6. In all proceedings instituted under and pursuant to section
5 of this chapter, the plaintiff may propound interrogatories to the
defendant or defendants to be answered by such defendant or
defendants under oath, as is provided by law in civil actions, and if
any defendant to whom interrogatories be propounded as aforesaid
be a corporation, then such interrogatories shall be answered by the
highest officer of such corporation, or by any other officer, agent, or
employee of such corporation designated by the plaintiff. The
plaintiff in any such action shall be entitled upon motion to an order
for an examination under oath before trial of any defendant or all the
defendants in such action, and if any defendant in such action be a
corporation, then of any officer, agent, or employee of any such
defendant corporation, concerning any or all of the facts alleged in
the information or other pleadings in such cause. The said defendant
shall be given five (5) days' notice by the plaintiff of the time and
place of the taking of said examination, but such officer, agent, or
employee shall not be compelled to attend such examination except
in the county where he resides or where the principal office or place
of business of such corporation be situate in this state. If such
defendant corporation be incorporated under the laws of the United
States, 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 to
be examined as aforesaid at some place in the city or town where the
principal office or place of business of such defendant be situate,
upon five (5) days' notice being served upon the attorneys of such
defendant corporation of the time and place fixed for the examination
of such officer, agent or employee. In any examination of any
defendant or of any officer, agent, or employee of any defendant
corporation, such defendant officer, agent or employee may be
compelled upon notice to produce for inspection by the plaintiff and
to testify concerning the same, or for use in evidence upon the trial,
or both, all books, papers, documents, or writings pertaining or in
any wise relating to the facts, or any of them, stated in the
information or other pleadings filed in the cause. In such notice to
produce for inspection and testimony or for trial, or both, it shall only
be necessary to notify the defendant or the attorney or attorneys of
the defendant to produce, at the time and place fixed in the notice, all
books, papers, documents, or writings pertaining or in any wise
relating to the facts stated in the information or other pleadings filed,
and it shall not be necessary to state in such notice the particular
books, papers, documents, or writings to be produced at such time
and place. Such examinations shall be taken before an officer
authorized to take depositions and may be continued from day to day.
Upon the failure or refusal of any defendant to comply with any
order made as aforesaid to answer interrogatories, or for the
examination of the defendant or the officer, agent, or employee of
any defendant corporation, or upon the failure or refusal of any
defendant corporation to produce any officer, agent, or employee for
examination when notified as aforesaid, or upon the failure or refusal
of any defendant to produce books, papers, documents, and writings
when notified as aforesaid, then all pleadings of such defendant so
failing to comply with such order or notice shall be stricken from the
files upon motion supported by affidavit, and the allegations of the
information as to such defendant in default shall be taken as
confessed 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 or
political subdivision
Sec. 7. (a) Any person whose business or property is injured by a
violation of this chapter may bring an action in the circuit or superior
court of any county in which the defendant resides or is found
without respect to the amount in controversy, and is entitled to
recover 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 on
behalf of the state or a political subdivision if the state or political
subdivision has been directly or indirectly injured by a violation of
this 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 general
or prosecuting attorney may file with the clerk of the court a
certificate that in his opinion the case is of general importance, a
copy of which shall be immediately furnished by said clerk to the
judge or each of the judges of the court wherein the proceedings may
be pending, and the court shall thereupon make the proper orders in
the 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 general
or by any prosecuting attorney, such officer shall not be liable for
costs; but when it is filed upon the relation of a private person, he
shall be liable for costs unless the same are adjudged against the
defendant. In all proceedings instituted under the provisions of this
chapter by the attorney general or by the prosecuting attorney on the
order and direction of the court, the attorney general, or the governor,
all necessary costs and expenses of the prosecution shall be paid out
of moneys in the state treasury not otherwise appropriated if such
costs cannot be collected from the defendant or defendants, in case
judgment be rendered against such defendant or defendants, and it
shall be the duty of the auditor of state, upon receipt from the
attorney general of a statement of the costs and expenses of any such
prosecution, to draw his warrant upon the treasurer of state for the
amount so certified; provided, however, that the attorney general
shall not involve the state in any extraordinary expense for experts
or other assistants without first obtaining the consent of the governor,
and twenty thousand dollars ($20,000) is appropriated biennially
from any funds of the state not otherwise appropriated to defray the
expenses of such prosecutions by the attorney general. Such
prosecuting attorney shall also be allowed by the court trying such
cause reasonable compensation for his services, and such allowances
shall 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 this
chapter shall be deemed to include corporations, associations, limited
liability companies, joint stock companies, partnerships, limited or
otherwise, existing under or authorized by the laws of the state of
Indiana, or of the United States, or of any state, territory, or district
of 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 criminal
prosecution
Sec. 11. Any person or officer, agent, or employee of a
corporation may be examined as a witness or a party as in other
cases, in any civil action instituted under the provisions of this
chapter and required to disclose all the facts relevant to the case in
his knowledge as provided in this chapter, but the testimony of such
witness or party or any answer to any question propounded to him in
such examination shall not be used against such witness or party in
any criminal prosecution except in case of perjury committed by him
therein; and he shall not be liable to trial by indictment or affidavit
or to punishment for any offense inquired about; provided, however,
that such exemption shall be personal to such witness and shall not
exempt or render immune the corporation of which such witness
shall be an officer, agent, or employee, and such corporation shall be
as liable for any violation of this chapter as if such officer, agent, or
employee had not so testified. (Formerly: Acts 1907, c.243, s.11; Acts 1923, c.82, s.2.) As amended
by 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 cumulative
of or supplemental to each other and of all other laws in any way
affecting them, or any matter which in any manner is the subject of
this chapter in this state, and cumulative of and supplemental to the
common 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.
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 of
trade or commerce, or to create or carry out restrictions in trade or
commerce, or to deny or refuse to any person participation, on equal
terms with others, in any telegraphic service transmitting matter
prepared or intended for public use, or to limit or reduce the
production, or increase or reduce the price of merchandise or any
commodity, or to prevent competition in manufacturing, within or
without this state, is illegal, but this chapter may not be construed to
apply to or repeal, modify or limit, or make unlawful any of the
powers, rights or privileges now existing or conferred by law upon
any person. A person who makes such a contract, engages in such a
combination, or enters into such a scheme, or does within this state
any act in furtherance of such a contract, combination, or scheme
entered into without this state, commits a Class A misdemeanor.
However, it is a defense to any action growing out of any violation
of any law relating to the subject-matter of this chapter for the
defendant to prove that the violation is not in restraint of trade or
commerce, or does not restrict trade or commerce, limit or reduce the
production, or increase or reduce the price of merchandise or any
commodity, 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 or
commerce 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, or
combination to restrain or restrict bidding for the letting of any
contract for private or public work, or restricts free competition for
the letting of any contract for private or public work, commits a
Class 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; action
by attorney general
Sec. 4. If there shall be collusion or fraud of any kind or character
among the bidders at the letting of any contract or work as provided
in section 3 of this chapter, then the principal who lets the contract
or work, or for whom the contract was let, shall not be liable for such
letting or on account of said contract or work, or any part thereof, to
the successful bidder to whom the contract or work was let, his
successors or assigns, if such successful bidder be a party, directly
or indirectly, to such collusion or fraud on such contract or letting,
or for any work, materials furnished, or thing done in discharge
thereof or with reference thereto, and if before notice of such
collusion or fraud payment or partial payment thereon or therefor
shall have been made, such principal may at any time within five (5)
years from the date of the last payment made thereon or therefor in
an appropriate action in any court of competent jurisdiction in this
state recover to the full amount of such payment or payments with
interest to date of judgment thereon, and attorney's fees, against such
successful bidder, and such recovery shall not be a bar to any action,
either civil or criminal, brought against such bidder on account of
any violation of this chapter on behalf of the state by the attorney
general, 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 and
criminal proceedings
Sec. 5. It shall be the duty of the attorney general and of the
prosecuting attorney of each judicial circuit to institute appropriate
proceedings to prevent and restrain violations of the provisions of
this chapter or any other statute or the common law relating to the
subject matter of this chapter and to prosecute any person or persons
guilty of having violated any of the penal provisions thereof. In all
criminal proceedings the prosecution may be by way of affidavit or
indictment the same as in other criminal matters, and the attorney
general shall have concurrent jurisdiction with the prosecuting
attorneys in instituting and prosecuting any such actions. All civil
proceedings to prevent and restrain violations shall be in the name of
the state of Indiana upon relation of the proper party. The attorney
general may file such proceedings upon his own relation or that of
any private person in any circuit or superior court of the state,
without applying to such court for leave, when he shall deem it his
duty so to do. Such proceedings shall be by information filed by any
prosecuting attorney in a circuit or superior court of the proper
county upon his own relation whenever he shall deem it his duty so
to do, or shall be directed by the court or governor or attorney
general, and an information may be filed by any taxpayer on his own
relation. If judgment or decree be rendered against any domestic
corporation or against any person claiming to be a corporation, the
court may cause the costs to be collected by execution against the
person claiming to be a corporation or by attachment against any or
all of the directors or officers of the corporation, and may restrain the
corporation or any director, agent, employee, or stockholder and
appoint a receiver for its property and effects, and take an accounting
and make distribution of its assets among its creditors, and exercise
any other power or authority necessary and proper for carrying out
the provisions of this chapter. If judgment or decree be rendered
against any corporation incorporated under the laws of the United
States, or of any district or territory thereof, or of any state other than
this state, or of any foreign country, the court may cause the costs to
be collected as in this section provided and may render judgment and
decree of ouster perpetually excluding such corporation from the
privilege of transacting business in the state of Indiana and forfeiting
to the school fund any or all property of such corporation within the
state, and shall exercise such power and authority with regard to the
property of such corporation as may be exercised with regard to that
of domestic corporations. (Formerly: Acts 1907, c.243, s.5; Acts 1923, c.82, s.1.) As amended
by P.L.152-1986, SEC.7.
IC 24-1-2-5.1 Attorney general may bring action on behalf of the state or a
political subdivision
Sec. 5.1. The attorney general may bring an action on behalf of
the state or a political subdivision (as defined in IC 34-6-2-110) for
injuries or damages sustained directly or indirectly as a result of a
violation of this chapter. As added by P.L.135-2008, SEC.3.
IC 24-1-2-6 Discovery proceedings; examination of defendant; sanctions for
noncompliance
Sec. 6. In all proceedings instituted under and pursuant to section
5 of this chapter, the plaintiff may propound interrogatories to the
defendant or defendants to be answered by such defendant or
defendants under oath, as is provided by law in civil actions, and if
any defendant to whom interrogatories be propounded as aforesaid
be a corporation, then such interrogatories shall be answered by the
highest officer of such corporation, or by any other officer, agent, or
employee of such corporation designated by the plaintiff. The
plaintiff in any such action shall be entitled upon motion to an order
for an examination under oath before trial of any defendant or all the
defendants in such action, and if any defendant in such action be a
corporation, then of any officer, agent, or employee of any such
defendant corporation, concerning any or all of the facts alleged in
the information or other pleadings in such cause. The said defendant
shall be given five (5) days' notice by the plaintiff of the time and
place of the taking of said examination, but such officer, agent, or
employee shall not be compelled to attend such examination except
in the county where he resides or where the principal office or place
of business of such corporation be situate in this state. If such
defendant corporation be incorporated under the laws of the United
States, 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 to
be examined as aforesaid at some place in the city or town where the
principal office or place of business of such defendant be situate,
upon five (5) days' notice being served upon the attorneys of such
defendant corporation of the time and place fixed for the examination
of such officer, agent or employee. In any examination of any
defendant or of any officer, agent, or employee of any defendant
corporation, such defendant officer, agent or employee may be
compelled upon notice to produce for inspection by the plaintiff and
to testify concerning the same, or for use in evidence upon the trial,
or both, all books, papers, documents, or writings pertaining or in
any wise relating to the facts, or any of them, stated in the
information or other pleadings filed in the cause. In such notice to
produce for inspection and testimony or for trial, or both, it shall only
be necessary to notify the defendant or the attorney or attorneys of
the defendant to produce, at the time and place fixed in the notice, all
books, papers, documents, or writings pertaining or in any wise
relating to the facts stated in the information or other pleadings filed,
and it shall not be necessary to state in such notice the particular
books, papers, documents, or writings to be produced at such time
and place. Such examinations shall be taken before an officer
authorized to take depositions and may be continued from day to day.
Upon the failure or refusal of any defendant to comply with any
order made as aforesaid to answer interrogatories, or for the
examination of the defendant or the officer, agent, or employee of
any defendant corporation, or upon the failure or refusal of any
defendant corporation to produce any officer, agent, or employee for
examination when notified as aforesaid, or upon the failure or refusal
of any defendant to produce books, papers, documents, and writings
when notified as aforesaid, then all pleadings of such defendant so
failing to comply with such order or notice shall be stricken from the
files upon motion supported by affidavit, and the allegations of the
information as to such defendant in default shall be taken as
confessed 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 or
political subdivision
Sec. 7. (a) Any person whose business or property is injured by a
violation of this chapter may bring an action in the circuit or superior
court of any county in which the defendant resides or is found
without respect to the amount in controversy, and is entitled to
recover 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 on
behalf of the state or a political subdivision if the state or political
subdivision has been directly or indirectly injured by a violation of
this 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 general
or prosecuting attorney may file with the clerk of the court a
certificate that in his opinion the case is of general importance, a
copy of which shall be immediately furnished by said clerk to the
judge or each of the judges of the court wherein the proceedings may
be pending, and the court shall thereupon make the proper orders in
the 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 general
or by any prosecuting attorney, such officer shall not be liable for
costs; but when it is filed upon the relation of a private person, he
shall be liable for costs unless the same are adjudged against the
defendant. In all proceedings instituted under the provisions of this
chapter by the attorney general or by the prosecuting attorney on the
order and direction of the court, the attorney general, or the governor,
all necessary costs and expenses of the prosecution shall be paid out
of moneys in the state treasury not otherwise appropriated if such
costs cannot be collected from the defendant or defendants, in case
judgment be rendered against such defendant or defendants, and it
shall be the duty of the auditor of state, upon receipt from the
attorney general of a statement of the costs and expenses of any such
prosecution, to draw his warrant upon the treasurer of state for the
amount so certified; provided, however, that the attorney general
shall not involve the state in any extraordinary expense for experts
or other assistants without first obtaining the consent of the governor,
and twenty thousand dollars ($20,000) is appropriated biennially
from any funds of the state not otherwise appropriated to defray the
expenses of such prosecutions by the attorney general. Such
prosecuting attorney shall also be allowed by the court trying such
cause reasonable compensation for his services, and such allowances
shall 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 this
chapter shall be deemed to include corporations, associations, limited
liability companies, joint stock companies, partnerships, limited or
otherwise, existing under or authorized by the laws of the state of
Indiana, or of the United States, or of any state, territory, or district
of 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 criminal
prosecution
Sec. 11. Any person or officer, agent, or employee of a
corporation may be examined as a witness or a party as in other
cases, in any civil action instituted under the provisions of this
chapter and required to disclose all the facts relevant to the case in
his knowledge as provided in this chapter, but the testimony of such
witness or party or any answer to any question propounded to him in
such examination shall not be used against such witness or party in
any criminal prosecution except in case of perjury committed by him
therein; and he shall not be liable to trial by indictment or affidavit
or to punishment for any offense inquired about; provided, however,
that such exemption shall be personal to such witness and shall not
exempt or render immune the corporation of which such witness
shall be an officer, agent, or employee, and such corporation shall be
as liable for any violation of this chapter as if such officer, agent, or
employee had not so testified. (Formerly: Acts 1907, c.243, s.11; Acts 1923, c.82, s.2.) As amended
by 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 cumulative
of or supplemental to each other and of all other laws in any way
affecting them, or any matter which in any manner is the subject of
this chapter in this state, and cumulative of and supplemental to the
common 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.
