Section 325D.49 — Citation.
325D.49 CITATION. Sections 325D.49 to 325D.66 may be cited as the “Minnesota Antitrust Law of 1971.” History: 1971 c 865 s 1
325D.49 CITATION. Sections 325D.49 to 325D.66 may be cited as the “Minnesota Antitrust Law of 1971.” History: 1971 c 865 s 1
325D.50 DEFINITIONS. Subdivision 1. Scope. Unless a different meaning is clearly indicated by the context, for the purposes of sections 325D.49 to 325D.66, the terms defined in this section have the meanings ascribed to them. Subd. 2. Commodity. “Commodity” means any goods, merchandise, wares, produce, chose in action, land, article of commerce, or any other […]
325D.51 UNREASONABLE RESTRAINT OF TRADE OR COMMERCE. A contract, combination, or conspiracy between two or more persons in unreasonable restraint of trade or commerce is unlawful. History: 1971 c 865 s 3
325D.52 ESTABLISHMENT, MAINTENANCE, OR USE OF MONOPOLY POWER. The establishment, maintenance, or use of, or any attempt to establish, maintain, or use monopoly power over any part of trade or commerce by any person or persons for the purpose of affecting competition or controlling, fixing, or maintaining prices is unlawful. History: 1971 c 865 s […]
325D.53 PROHIBITED CONTRACTS, COMBINATIONS, AND CONSPIRACIES. Subdivision 1. Price fixing, production control, allocation of markets, collusive bidding, and concerted refusals to deal. Without limiting section 325D.51, the following shall be deemed to restrain trade or commerce unreasonably and are unlawful: (1) A contract, combination, or conspiracy between two or more persons in competition: (a) for […]
325D.54 SCOPE OF ACT. Sections 325D.49 to 325D.66 apply to: (a) any contract, combination, or conspiracy when any part thereof was created, formed, or entered into in this state; and (b) any contract, combination, or conspiracy, wherever created, formed, or entered into; any establishment, maintenance, or use of monopoly power; and any attempt to establish, […]
325D.55 EXEMPTIONS. Subdivision 1. Labor, electrical, agricultural, or horticultural organizations. Nothing contained in sections 325D.49 to 325D.66, shall be construed to forbid the existence or operation of labor, electrical, agricultural, or horticultural organizations, including organizations that operate aquatic farms, as defined in section 17.47, subdivision 3, that are instituted for the purpose of mutual help, […]
325D.56 PENALTIES FOR VIOLATION. Subdivision 1. Civil penalties. Any person who is found to have violated sections 325D.49 to 325D.66, shall be subject to a civil penalty of not more than $50,000. Any person who fails to comply with a final judgment or decree rendered by a court of this state issued for a violation […]
325D.57 DAMAGES. Any person, any governmental body, or the state of Minnesota or any of its subdivisions or agencies, injured directly or indirectly by a violation of sections 325D.49 to 325D.66, shall recover three times the actual damages sustained, together with costs and disbursements, including reasonable attorneys’ fees. In any subsequent action arising from the […]
325D.58 INJUNCTIVE RELIEF. In addition to other remedies provided by sections 325D.49 to 325D.66, the courts of this state shall have jurisdiction to grant such temporary, interlocutory, or permanent injunctive relief as is necessary to prevent and restrain violations of sections 325D.49 to 325D.66. Applications for such relief shall be made in accordance with the […]
325D.59 AUTHORITY OF THE ATTORNEY GENERAL. The attorney general may investigate any alleged violation of sections 325D.49 to 325D.66 and, having reasonable cause to believe that a violation is imminent, is occurring or has occurred, the attorney general may institute on behalf of the state of Minnesota, any of its departments and agencies, or any […]
325D.60 FORFEITURE OF CHARTER RIGHTS AND PRIVILEGE TO DO BUSINESS. Subdivision 1. Attorney general’s powers. Upon the failure of any person to comply with the terms of a final judgment or decree rendered by a court of this state issued for a violation of the provisions of sections 325D.49 to 325D.66, or to comply with […]
325D.61 ACTS OF OFFICERS, DIRECTORS, REPRESENTATIVES, OR AGENTS ACTING WITHIN SCOPE OF AUTHORITY. Subdivision 1. Imputed liability of business entity. A corporation, association, firm, partnership, or limited partnership is liable for the acts of its officers, directors, representatives, or agents acting within the scope of their authority, whether they are acting on their own behalf […]
325D.62 JUDGMENT IN FAVOR OF STATE AS PRIMA FACIE EVIDENCE. A final judgment or decree rendered in any civil or criminal proceeding under sections 325D.49 to 325D.66 brought by or on behalf of the state of Minnesota, any of its departments or agencies, or any of its political subdivisions, to the effect that a defendant […]
325D.63 NOTIFICATION OF CIVIL ACTION. Upon commencement of any civil action by a person, other than the attorney general, for violation of sections 325D.49 to 325D.66, the court administrator shall mail a copy of the complaint to the attorney general. History: 1971 c 865 s 15; 1Sp1986 c 3 art 1 s 82
325D.64 STATUTE OF LIMITATIONS. Subdivision 1. Interpretation and effect. An action under sections 325D.49 to 325D.66, shall be forever barred unless commenced within four years of the date upon which the cause of action arose. No cause of action barred under existing law on June 8, 1971 shall be revived by sections 325D.49 to 325D.66. […]
325D.65 VENUE. Actions or proceedings brought by the state or any private party for violations of the provisions of sections 325D.49 to 325D.66, may be brought in the district court in and for the county where the offense or any part thereof is committed, or where any of the defendants reside or is found, or […]
325D.66 ACTION NOT BARRED AS AFFECTING OR INVOLVING INTERSTATE OR FOREIGN COMMERCE. No action under sections 325D.49 to 325D.66 shall be barred on the ground that the activity or conduct complained of in any way affects or involves interstate or foreign commerce. History: 1971 c 865 s 18