§ 4-75-201. Title
This subchapter shall be known and designated as the “Unfair Practices Act”.
§ 4-75-202. Purpose
The General Assembly declares that the purpose of this subchapter is to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition by prohibiting unfair and discriminatory practices by which fair and honest competition is destroyed or prevented.
§ 4-75-203. Construction
This subchapter shall be literally construed so that its beneficial purposes may be subserved.
§ 4-75-204. Penalties
Any person, firm, or corporation, whether as principal, agent, officer, or director for himself or herself or itself, for another person, or for any firm or corporation, that shall violate any of the provisions of this subchapter is guilty of a Class A misdemeanor for each single violation.
§ 4-75-205. Forfeiture of charter, rights, etc. — Proceedings
(a) Upon the third violation of any of the provisions of this subchapter by any corporation, it shall be the duty of the Attorney General to institute proper suits or quo warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter, rights, franchises, or privileges and powers exercised by the corporation, […]
§ 4-75-206. Contracts violating subchapter illegal
Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of this subchapter is declared to be an illegal contract and no recovery thereon shall be had.
§ 4-75-207. Destruction of competition by price discrimination prohibited
(a) It shall be unlawful for any person, firm, or corporation doing business in the State of Arkansas and engaged in the production, manufacture, distribution, or sale of any commodity or product or of service or output of a service trade of general use or consumption or of the product or service of any public […]
§ 4-75-208. Secret payments or allowance of rebates, refunds, etc. — Penalty
(a) The secret payment or allowance of rebates, refunds, commissions, or unearned discounts is an unfair trade practice, whether in the form of money or otherwise or secretly extending to certain purchasers special services or privileges not extended to all purchasers purchasing upon like terms and conditions to the injury of a competitor and where […]
§ 4-75-209. Sale at less than cost or with intent to injure competitors
(a) (1) It shall be unlawful for any person, partnership, firm, corporation, joint-stock company, or other association engaged in business within this state to: (A) Sell, offer for sale, or advertise for sale any article or product or service or output of a service trade at less than the cost thereof to the vendor; or […]
§ 4-75-210. Liability of directors, officers, agents, etc. — Proof of unlawful intent
(a) Any person who, either as director, officer, or agent of any firm or corporation or as agent of any person violating the provisions of this subchapter, assists or aids, directly or indirectly, in the violation shall be responsible therefor equally with the person, firm, or corporation for whom or which he or she acts. […]
§ 4-75-211. Remedies — Witnesses and documents — Immunity
(a) Any person, firm, private corporation, or municipal or other public corporation, or trade association, may maintain an action to enjoin a continuance of any act or acts in violation of this subchapter and, if injured thereby, for the recovery of damages. (b) (1) If, in such action, the court shall find that the defendant […]
§ 4-75-212. Civil actions and settlements by the Attorney General
(a) In addition to the other remedies provided in this subchapter, whenever the Attorney General has reason to believe that any person is engaging, has engaged, or is about to engage in any act or practice declared unlawful by this subchapter, the Attorney General may bring an action in the name of the state against […]
§ 4-75-213. Person defined
Unless otherwise defined, for purposes of this subchapter, “person” means any natural person, corporation, firm, partnership, limited partnership, trust, association, or any other legal or commercial entity.
§ 4-75-214. Awards to the Attorney General — Use of moneys
(a) There shall be established within the office of the Attorney General an Antitrust Enforcement Account into which all costs and fees recovered by the Attorney General under the terms of this subchapter or the federal antitrust laws shall be remitted. (b) The costs and fees deposited into the account shall be used for the […]
§ 4-75-215. Action not barred because it affects interstate or foreign commerce
(a) This subchapter is to apply to any economic activity occurring wholly or partly within the State of Arkansas, or which affects economic activity within the State of Arkansas. (b) No action instituted by the Attorney General under this subchapter shall be barred on the ground that the activity or conduct complained of in any […]
§ 4-75-216. Venue
Any action, application, or motion brought by the Attorney General against a person under this subchapter shall be filed in Pulaski County Circuit Court unless the action, application, or motion is brought as part of an action containing claims of federal law violations, in which event the action shall be brought in the appropriate federal […]
§ 4-75-217. Statute of limitations
(a) Any action brought by the Attorney General pursuant to this subchapter is barred if it is not commenced within five (5) years after the cause of action accrues. (b) The statute of limitations described in subsection (a) of this section shall be tolled during any period when the defendant in any action fraudulently concealed […]