State Codes and Statutes

Statutes > Missouri > T26 > C416 > 416_061

Attorney general to prevent and restrain violations--consent judgmentsauthorized.

416.061. 1. The several circuit courts of this state areinvested with jurisdiction to prevent and restrain violations ofsection 416.031.

2. It shall be the duty of the attorney general to enforcethe provisions of sections 416.011 to 416.161. It shall be theduty of the attorney general to institute civil proceedings toprevent and restrain violations of sections 416.011 to 416.161.The attorney general may employ special counsel in suits toenforce the provisions of sections 416.011 to 416.161 or inactions on behalf of the state or in his representative capacityunder subsection 3 of this section in the federal courts broughtunder federal statutes pertaining to antitrust, trade regulation,restraint of trade or price fixing activities. The attorneygeneral, at his discretion, may direct the appropriate countyprosecuting attorney of any county in which any proceeding isinstituted or brought by the state under sections 416.011 to416.161 or in which any investigation of a violation of sections416.011 to 416.161 is occurring to aid and assist him in theconduct of such investigations and proceedings. All reasonableand necessary expenses incurred by a county prosecuting attorneyor his staff in assisting the attorney general shall bereimbursed from appropriations made to the attorney general.

3. The attorney general may represent, besides the state andany of its political subdivisions or public agencies, all otherpolitical subdivisions, school districts and municipalitieswithin the state in suits to enforce the provisions of sections416.011 to 416.161 or in actions brought in the federal courtsunder any federal statute pertaining to antitrust, traderegulation, restraint of trade or price fixing activities.

4. The attorney general is authorized to enter into consentjudgments or decrees with any party defendant in an actionbrought under sections 416.011 to 416.161. However, no suchconsent judgment or decree shall become final until approved bythe circuit court where filed or until a period of sixty days haselapsed since the filing of the consent judgment or decreewhichever occurs first; provided, however, that no such approvalmay be entered by the circuit court until the thirty-first dayafter the filing of the consent judgment or decree.

5. A final judgment or decree rendered in any civil orcriminal proceeding brought by the state under sections 416.011to 416.161 shall be prima facie evidence against the defendant inany action or proceeding brought by any other party undersections 416.011 to 416.161 against the defendant as to allmatters respecting which the judgment or decree would be anestoppel between the parties thereto, provided that any suchaction is maintained within one year of the date the judgment or*decree is entered. This subsection does not apply to consentjudgments or decrees entered before the taking of any testimonyin the case or to judgments or decrees entered in actions broughtin the state courts under section 416.121.

(L. 1974 S.B. 424)

*Word "of" appears in original rolls.

State Codes and Statutes

Statutes > Missouri > T26 > C416 > 416_061

Attorney general to prevent and restrain violations--consent judgmentsauthorized.

416.061. 1. The several circuit courts of this state areinvested with jurisdiction to prevent and restrain violations ofsection 416.031.

2. It shall be the duty of the attorney general to enforcethe provisions of sections 416.011 to 416.161. It shall be theduty of the attorney general to institute civil proceedings toprevent and restrain violations of sections 416.011 to 416.161.The attorney general may employ special counsel in suits toenforce the provisions of sections 416.011 to 416.161 or inactions on behalf of the state or in his representative capacityunder subsection 3 of this section in the federal courts broughtunder federal statutes pertaining to antitrust, trade regulation,restraint of trade or price fixing activities. The attorneygeneral, at his discretion, may direct the appropriate countyprosecuting attorney of any county in which any proceeding isinstituted or brought by the state under sections 416.011 to416.161 or in which any investigation of a violation of sections416.011 to 416.161 is occurring to aid and assist him in theconduct of such investigations and proceedings. All reasonableand necessary expenses incurred by a county prosecuting attorneyor his staff in assisting the attorney general shall bereimbursed from appropriations made to the attorney general.

3. The attorney general may represent, besides the state andany of its political subdivisions or public agencies, all otherpolitical subdivisions, school districts and municipalitieswithin the state in suits to enforce the provisions of sections416.011 to 416.161 or in actions brought in the federal courtsunder any federal statute pertaining to antitrust, traderegulation, restraint of trade or price fixing activities.

4. The attorney general is authorized to enter into consentjudgments or decrees with any party defendant in an actionbrought under sections 416.011 to 416.161. However, no suchconsent judgment or decree shall become final until approved bythe circuit court where filed or until a period of sixty days haselapsed since the filing of the consent judgment or decreewhichever occurs first; provided, however, that no such approvalmay be entered by the circuit court until the thirty-first dayafter the filing of the consent judgment or decree.

5. A final judgment or decree rendered in any civil orcriminal proceeding brought by the state under sections 416.011to 416.161 shall be prima facie evidence against the defendant inany action or proceeding brought by any other party undersections 416.011 to 416.161 against the defendant as to allmatters respecting which the judgment or decree would be anestoppel between the parties thereto, provided that any suchaction is maintained within one year of the date the judgment or*decree is entered. This subsection does not apply to consentjudgments or decrees entered before the taking of any testimonyin the case or to judgments or decrees entered in actions broughtin the state courts under section 416.121.

(L. 1974 S.B. 424)

*Word "of" appears in original rolls.


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T26 > C416 > 416_061

Attorney general to prevent and restrain violations--consent judgmentsauthorized.

416.061. 1. The several circuit courts of this state areinvested with jurisdiction to prevent and restrain violations ofsection 416.031.

2. It shall be the duty of the attorney general to enforcethe provisions of sections 416.011 to 416.161. It shall be theduty of the attorney general to institute civil proceedings toprevent and restrain violations of sections 416.011 to 416.161.The attorney general may employ special counsel in suits toenforce the provisions of sections 416.011 to 416.161 or inactions on behalf of the state or in his representative capacityunder subsection 3 of this section in the federal courts broughtunder federal statutes pertaining to antitrust, trade regulation,restraint of trade or price fixing activities. The attorneygeneral, at his discretion, may direct the appropriate countyprosecuting attorney of any county in which any proceeding isinstituted or brought by the state under sections 416.011 to416.161 or in which any investigation of a violation of sections416.011 to 416.161 is occurring to aid and assist him in theconduct of such investigations and proceedings. All reasonableand necessary expenses incurred by a county prosecuting attorneyor his staff in assisting the attorney general shall bereimbursed from appropriations made to the attorney general.

3. The attorney general may represent, besides the state andany of its political subdivisions or public agencies, all otherpolitical subdivisions, school districts and municipalitieswithin the state in suits to enforce the provisions of sections416.011 to 416.161 or in actions brought in the federal courtsunder any federal statute pertaining to antitrust, traderegulation, restraint of trade or price fixing activities.

4. The attorney general is authorized to enter into consentjudgments or decrees with any party defendant in an actionbrought under sections 416.011 to 416.161. However, no suchconsent judgment or decree shall become final until approved bythe circuit court where filed or until a period of sixty days haselapsed since the filing of the consent judgment or decreewhichever occurs first; provided, however, that no such approvalmay be entered by the circuit court until the thirty-first dayafter the filing of the consent judgment or decree.

5. A final judgment or decree rendered in any civil orcriminal proceeding brought by the state under sections 416.011to 416.161 shall be prima facie evidence against the defendant inany action or proceeding brought by any other party undersections 416.011 to 416.161 against the defendant as to allmatters respecting which the judgment or decree would be anestoppel between the parties thereto, provided that any suchaction is maintained within one year of the date the judgment or*decree is entered. This subsection does not apply to consentjudgments or decrees entered before the taking of any testimonyin the case or to judgments or decrees entered in actions broughtin the state courts under section 416.121.

(L. 1974 S.B. 424)

*Word "of" appears in original rolls.