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 to
induce, procure, or prevent any wholesale or retail dealer in or
manufacturer of merchandise or of supplies or of material or articles
intended for trade or used by any mechanic, artisan, or dealer in the
prosecution of his business from selling such supplies to any dealer
or to any mechanic or artisan commits a Class A misdemeanor. A
dealer in or manufacturer of such supplies, material, or articles who
is a party to any such contract or combination or who upon the
request of any party to any such contract or combination refuses to
sell such supplies, materials, or articles to any other person who may
require them in the prosecution of his business, for the reason that
the other person is not a member of a combination or association of
persons, commits a Class A misdemeanor. All such contracts and
combinations 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Repealed
(Repealed by Acts 1978, P.L.2, SEC.2426.)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, or
association of persons who shall in any manner violate the provisions
of this chapter shall, for each and every day that such violation shall
be committed and continued after due notice given by the party
interested to the attorney general or prosecuting attorney, forfeit and
pay the sum of fifty dollars ($50), which may be recovered in the
name of the state on the relation of the party injured or on the
relation of the prosecuting attorney in any county where the offense
is committed or where the offender or offenders reside. And it shall
be the duty of the prosecuting attorney of any county to prosecute
any such action, and he shall be entitled to a fee of twenty-five
dollars ($25) to be taxed against the defendant in the event of
recovery as a part of the costs of said action. Any such action may be
taken in any circuit or superior court of the county in which the
defendant 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 a
political 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) for
injuries or damages sustained directly or indirectly as a result of a:
(1) contract or combination described in section 1 of this
chapter; 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 of
the state or political subdivision
Sec. 4. (a) Any person who has suffered injuries or damages as a
result of a contract or combination described in section 1 of this
chapter, or by any other violation of this chapter, may bring an action
in a circuit or superior court having jurisdiction in the county where
the defendant resides or is engaged in business, or in any county
where service may be obtained, without respect to the amount in
controversy. The plaintiff in an action brought under this section is
entitled to recover threefold damages awarded in the action, plus
reasonable costs and attorney's fees.
(b) The attorney general may bring an action under this section on
behalf 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 action
arises
Sec. 5. Whenever it shall appear to the court before which any
proceedings under this chapter may be pending that the ends of
justice require that other parties shall be brought before the court,
said court may cause them to be made parties defendant and cause
them to be served by the process of court as required by law in such
cases provided, whether they reside in the county where said action
is pending or not. (Formerly: Acts 1899, c.148, s.5.) As amended by P.L.152-1986,
SEC.17.
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 to
induce, procure, or prevent any wholesale or retail dealer in or
manufacturer of merchandise or of supplies or of material or articles
intended for trade or used by any mechanic, artisan, or dealer in the
prosecution of his business from selling such supplies to any dealer
or to any mechanic or artisan commits a Class A misdemeanor. A
dealer in or manufacturer of such supplies, material, or articles who
is a party to any such contract or combination or who upon the
request of any party to any such contract or combination refuses to
sell such supplies, materials, or articles to any other person who may
require them in the prosecution of his business, for the reason that
the other person is not a member of a combination or association of
persons, commits a Class A misdemeanor. All such contracts and
combinations 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, or
association of persons who shall in any manner violate the provisions
of this chapter shall, for each and every day that such violation shall
be committed and continued after due notice given by the party
interested to the attorney general or prosecuting attorney, forfeit and
pay the sum of fifty dollars ($50), which may be recovered in the
name of the state on the relation of the party injured or on the
relation of the prosecuting attorney in any county where the offense
is committed or where the offender or offenders reside. And it shall
be the duty of the prosecuting attorney of any county to prosecute
any such action, and he shall be entitled to a fee of twenty-five
dollars ($25) to be taxed against the defendant in the event of
recovery as a part of the costs of said action. Any such action may be
taken in any circuit or superior court of the county in which the
defendant 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 a
political 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) for
injuries or damages sustained directly or indirectly as a result of a:
(1) contract or combination described in section 1 of this
chapter; 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 of
the state or political subdivision
Sec. 4. (a) Any person who has suffered injuries or damages as a
result of a contract or combination described in section 1 of this
chapter, or by any other violation of this chapter, may bring an action
in a circuit or superior court having jurisdiction in the county where
the defendant resides or is engaged in business, or in any county
where service may be obtained, without respect to the amount in
controversy. The plaintiff in an action brought under this section is
entitled to recover threefold damages awarded in the action, plus
reasonable costs and attorney's fees.
(b) The attorney general may bring an action under this section on
behalf 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 action
arises
Sec. 5. Whenever it shall appear to the court before which any
proceedings under this chapter may be pending that the ends of
justice require that other parties shall be brought before the court,
said court may cause them to be made parties defendant and cause
them to be served by the process of court as required by law in such
cases provided, whether they reside in the county where said action
is pending or not. (Formerly: Acts 1899, c.148, s.5.) As amended by P.L.152-1986,
SEC.17.
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 to
induce, procure, or prevent any wholesale or retail dealer in or
manufacturer of merchandise or of supplies or of material or articles
intended for trade or used by any mechanic, artisan, or dealer in the
prosecution of his business from selling such supplies to any dealer
or to any mechanic or artisan commits a Class A misdemeanor. A
dealer in or manufacturer of such supplies, material, or articles who
is a party to any such contract or combination or who upon the
request of any party to any such contract or combination refuses to
sell such supplies, materials, or articles to any other person who may
require them in the prosecution of his business, for the reason that
the other person is not a member of a combination or association of
persons, commits a Class A misdemeanor. All such contracts and
combinations 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, or
association of persons who shall in any manner violate the provisions
of this chapter shall, for each and every day that such violation shall
be committed and continued after due notice given by the party
interested to the attorney general or prosecuting attorney, forfeit and
pay the sum of fifty dollars ($50), which may be recovered in the
name of the state on the relation of the party injured or on the
relation of the prosecuting attorney in any county where the offense
is committed or where the offender or offenders reside. And it shall
be the duty of the prosecuting attorney of any county to prosecute
any such action, and he shall be entitled to a fee of twenty-five
dollars ($25) to be taxed against the defendant in the event of
recovery as a part of the costs of said action. Any such action may be
taken in any circuit or superior court of the county in which the
defendant 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 a
political 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) for
injuries or damages sustained directly or indirectly as a result of a:
(1) contract or combination described in section 1 of this
chapter; 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 of
the state or political subdivision
Sec. 4. (a) Any person who has suffered injuries or damages as a
result of a contract or combination described in section 1 of this
chapter, or by any other violation of this chapter, may bring an action
in a circuit or superior court having jurisdiction in the county where
the defendant resides or is engaged in business, or in any county
where service may be obtained, without respect to the amount in
controversy. The plaintiff in an action brought under this section is
entitled to recover threefold damages awarded in the action, plus
reasonable costs and attorney's fees.
(b) The attorney general may bring an action under this section on
behalf 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 action
arises
Sec. 5. Whenever it shall appear to the court before which any
proceedings under this chapter may be pending that the ends of
justice require that other parties shall be brought before the court,
said court may cause them to be made parties defendant and cause
them to be served by the process of court as required by law in such
cases provided, whether they reside in the county where said action
is pending or not. (Formerly: Acts 1899, c.148, s.5.) As amended by P.L.152-1986,
SEC.17.
