37-1-10. Criminal prosecution by state’s attorney on violation–Assistance by attorney general. It shall be the special duty of the state’s attorney, upon the affidavit of any person showing that any person has violated any provision of this chapter, or without such affidavit, when he has reason to believe that any provision of this chapter has […]
37-1-11. Criminal proceedings instituted by attorney general. The provisions of §37-1-10 shall not be construed in any manner to prevent the attorney general of this state from making a complaint in any court of competent jurisdiction for any violation of the provisions of this chapter and prosecuting the same in the same manner and with […]
37-1-11.1. Demand by attorney general to produce evidence relating to violations–Service–Contents. If the attorney general has reasonable cause to believe that a person has information or is in possession, custody, or control of any document or other tangible object relevant to an investigation for violation of this chapter, he may serve upon the person, before […]
37-1-11.2. Petition for enforcement of attorney general’s demand–Court order–Protective provisions. If a person objects to or otherwise fails to comply with the written demand served upon him under §37-1-11.1 the attorney general may file in the circuit court of the county in which the person resides or in which he maintains a principal place of […]
37-1-11.3. Confidentiality of evidence produced on demand–Waiver. Any procedure, testimony taken, or material produced under §§37-1-11.1 and 37-1-11.2 shall be kept confidential by the attorney general before bringing an action, and during the action, against a person under this chapter for the violation under investigation, unless confidentiality is waived in writing by the person being […]
37-1-11.4. Self-incriminating evidence required on promise of immunity. If any person refuses to answer any question or interrogatory, produce any document or otherwise comply with the written demand served upon him under §37-1-11.1 on the ground of the privilege against self-incrimination, the testimony, answer to interrogatory or production of document may be compelled in accordance […]
37-1-14.1. Venue of actions for violation. An action for violation of this chapter shall be commenced in circuit court in Hughes County, or in the county where the person alleged to have violated this chapter has its principal place of business, or does business, or in any county where any violation has allegedly occurred. Source: […]
37-1-14.2. Actions on behalf of state for equitable relief and civil penalties–Amount of penalty. The attorney general, or a state’s attorney with the permission or at the request of the attorney general, may bring an action for appropriate injunctive or other equitable relief and civil penalties in the name of the state for a violation […]
37-1-14.3. Action by public or private party for equitable relief or damages–Treble damages. The state, a political subdivision, or any public agency injured in its business or property by a violation of this chapter may bring an action for appropriate injunctive or other equitable relief, damages sustained and, as determined by the court, taxable costs […]
37-1-14.4. Limitation of actions for violations. An action under §37-1-14.2 to recover a civil penalty is barred if it is not commenced within four years after the claim for relief accrues. An action under §37-1-14.3 to recover damages is barred if it is not commenced within four years after the claim for relief accrues, or […]
37-1-16.1. Judgment in action by state as prima facie evidence in later actions. A final judgment or decree determining that a person has violated this chapter in an action brought by the state under §37-1-14.2 or 37-1-14.3, other than a consent judgment or decree entered before any testimony has been taken, is prima facie evidence […]
37-1-18. Failure to attend or produce evidence as contempt. Any person, officer, or agent in the service or employment of any corporation, limited liability company, partnership, or association of persons, who neglects or refuses to make returns, attend, and testify or answer any lawful requirement provided for in this chapter, or produce records, documents, or […]
37-1-20. Remedies cumulative. The remedies provided for in this chapter shall be construed as cumulative and not exclusive. Source: SDC 1939, §13.1811.
37-1-22. Judicial interpretations of similar statutes as guide. It is the intent of the Legislature that in construing this chapter, the courts may use as a guide interpretations given by the federal or state courts to comparable antitrust statutes. Source: SL 1977, ch 305, §13.
37-1-23. Action by state as parens patriae–Circuit court jurisdiction–Monetary relief. The attorney general may bring a civil action in the name of the state, as parens patriae on behalf of the natural persons residing in the state, in circuit court, to secure monetary relief as provided in this section for injury sustained by such natural […]
37-1-24. Treble damages and cost of suit as measure of monetary relief. The court shall award the state as monetary relief threefold the total damage sustained as described in §§37-1-23 and 37-1-25 and the cost of the suit, including reasonable attorney’s fees. Source: SL 1980, ch 259, §4.
37-1-25. Exclusions in determining amount of monetary relief. The court shall exclude from the amount of monetary relief awarded for such action any amount of monetary relief which duplicates amounts which have been awarded for the same injury, or which is properly allocable to natural persons who have excluded their claims pursuant to §37-1-28 and […]
37-1-26. Proof of damages–Assessment in aggregate. In an action pursuant to §§37-1-23 to 37-1-32, inclusive, where there has been a determination that a defendant agreed to fix prices, damages may be proved and assessed in the aggregate by statistical or sample in methods, by the pro rata allocation of illegal overcharges or of excess profits […]
37-1-27. Notice–Manner of giving. In any action brought under §§37-1-23 to 37-1-32, inclusive, the attorney general shall, at such times, in such manner, and with such content as the court may direct cause notice thereof to be given by publication. If the court finds that notice given solely by publication would deny due process of […]
37-1-28. Election by injured person to exclude claim from state action for monetary relief–Notice. Any person on whose behalf an action is brought pursuant to §37-1-23 may elect to exclude from adjudication the portion of the state claim for monetary relief attributable to him by filing notice of such election with the court within such […]
