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Home » US Law » 2020 Mississippi Code » Title 75 - Regulation of Trade, Commerce and Investments » Chapter 21 - Trusts and Combines in Restraint or Hindrance of Trade

§ 75-21-1. Trust and combine; defined

A trust or combine is a combination, contract, understanding or agreement, expressed or implied, between two or more persons, corporations or firms or association of persons or between any one or more of either with one or more of the others, when inimical to public welfare and the effect of which would be: To restrain […]

§ 75-21-11. Contracts void

Every contract or agreement to enter into or pursue any trust and combine, and every contract or agreement made by another with any trust and combine, or with any member of a trust and combine for any purpose relative to the business of such trust and combine, is void, and cannot be enforced in any […]

§ 75-21-13. Corporations not to purchase competing one

No corporation shall acquire directly or indirectly, the whole or any part of the capital stock of any competing corporation doing business in this state, nor directly or indirectly acquire the franchise, plant or equipment of any other competing corporation doing business in this state if such other corporation be engaged in the same kind […]

§ 75-21-15. To defraud in public contracts

If any person, association, firm or corporation shall combine with any other person, association, firm or corporation, or if either of them combine with one or more of the others to prevent, by pooling, any or either of said persons, associations, firms or corporations from separately or individually bidding for the performance of a public […]

§ 75-21-17. Moneys not collectible

All sums of money to be paid on any contract on behalf of the state, or any county, municipality or levee board thereof, when the provision of Section 75-21-15 had been violated, shall not be collectible, nor shall the same be paid by any officer or board having the payment thereof.

§ 75-21-19. Proceedings for forfeiture of charter and right to do business

Proceedings of any and every kind for forfeiture of charter, for forfeiture of right to do business in this state, for recovery of damages and all civil proceedings of any character whatever authorized by law for the execution and enforcement of the antitrust laws of this state may be brought against any corporation in any […]

§ 75-21-21. Proceedings may be brought in county where trust and combine formed

Like proceedings against any two or more of any number of corporations or individuals, or of corporations and individuals believed to be parties to any trust and combine, may be brought in the county where the trust and combine was formed, or where it exists or is carried on, promoted, operated, practiced, employed, used or […]

§ 75-21-25. Witness not to be excused from testifying

No person called as a witness in any prosecution or proceeding to enforce the antitrust laws of this state, though himself a defendant therein, or an officer, attorney, agent or employee of a defendant or stockholder in a defendant corporation, shall be excused from testifying upon the ground that his evidence might criminate or tend […]

§ 75-21-27. Witness not liable to indictment or prosecution

But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. A person so testifying shall not thereafter be liable to indictment or presentment by information, nor to prosecution or punishment for the offense with reference to which his testimony was given, and may […]

§ 75-21-29. Books, records to be produced in court

Any corporation may be required under a subpoena duces tecum served upon its president, secretary or any of its directors, to produce in court and submit to inspection upon the trial of any proceeding, civil or criminal, under the antitrust laws of this state, any books, minutes, records, papers, documents, vouchers or writings belonging to […]

§ 75-21-3. Additional contracts or combinations not allowed by law

Any corporation, domestic or foreign, or individual, partnership, or association of persons whatsoever, who, with intent to accomplish the results herein prohibited or without such intent, shall accomplish such results to a degree inimical to public welfare, and shall thus: Restrain or attempt to restrain the freedom of trade or production; Or shall monopolize or […]

§ 75-21-31. Penalty for failure to comply

Any corporation failing or refusing to comply with the order of such subpoena duces tecum, when duly served as herein provided, shall be in contempt of court, and shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than two thousand dollars ($2,000.00).

§ 75-21-33. Right to examine books, records and accounts of corporations

The state or any person, natural or artificial, in the manner and in such instances as now provided by law shall always have the right to investigate the books, records and accounts of all corporations created by it and of all corporations doing business in this state, but this right shall not be exercised further […]

§ 75-21-35. Corporations answerable for unlawful act

Every corporation shall be answerable for any unlawful act, contract, agreement, arrangement, understanding or combination done, made or entered into for and on its behalf by any officer, stockholder, agent or attorney permitted or suffered to manage, direct, regulate or control its business in that particular, and such unlawful act, contract, agreement, arrangement, understanding or […]

§ 75-21-37. Duties of district attorneys

It shall be the duty of the district attorneys in their several districts, when requested by the attorney general, to enforce the civil features of the antitrust laws of this state by appropriate legal proceedings and suits at law or in equity; and their duty to enforce criminal features of said laws shall be the […]

§ 75-21-39. Application of chapter

No right, liability, pain, penalty, forfeiture, prosecution or suit under laws existing prior to the adoption of this chapter shall be in any wise affected thereby, but the same may be asserted, prosecuted, declared, inflicted and imposed under the laws in force prior to the adoption of this chapter. This chapter shall be liberally construed […]

§ 75-21-5. Agricultural and other organizations not forbidden

Nothing contained in this chapter shall be construed to forbid the existence of agricultural, horticultural, poultry, cattle or dairy organizations, instituted for the purpose of cooperation or mutual help, having no capital stock and not conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects […]

§ 75-21-7. Penalty for violation of anti-trust laws

Any person, corporation, partnership, firm or association of persons and the officers and representatives of the corporation or association violating any of the provisions of this chapter shall forfeit not less than one hundred dollars ($100.00) nor more than two thousand dollars ($2,000.00) for every such violation. Each month in which such person, corporation or […]

§ 75-21-9. Private persons and corporations may sue

Any person, natural or artificial, injured or damaged by a trust and combine as herein defined, or by its effects direct or indirect, may recover all damages of every kind sustained by him or it and in addition a penalty of five hundred dollars ($500.00), by suit in any court of competent jurisdiction. Said suit […]