Mo. Rev. Stat. § 416.011
Title of act
Sections 416.011 to 416.161 may be known and shall be cited as the "Missouri Antitrust Law".
Revised Statutes of Missouri Chapter 416 — Monopolies, Discriminations and Conspiracies
Missouri · statute · Mo. Rev. Stat. ch. 416 · 59 active provisions
Mo. Rev. Stat. § 416.021
Definitions
Unless a different meaning is clearly indicated by the context, for the purposes of sections 416.011 to 416.161: (1) "Commodity" means any kind of real, personal or mixed property, but does not include the labor of a human being; (2) "Person" means any individual, corporation, firm, partnership, incorporated or unincor…
Mo. Rev. Stat. § 416.031
Restraint of trade prohibited
1. Every contract, combination or conspiracy in restraint of trade or commerce in this state is unlawful. 2. It is unlawful to monopolize, attempt to monopolize, or conspire to monopolize trade or commerce in this state. 3. It is unlawful for any person* engaged in trade or commerce in this state, in the course of such…
Mo. Rev. Stat. § 416.041
Exempt organizations and activities
1. Nothing contained in the Missouri antitrust law shall be construed to forbid the existence or operation of: (1) Any labor organization instituted for the purpose of mutual help and not conducted for profit, or of individual members thereof as to any activities which are directed solely to labor objectives which acti…
Mo. Rev. Stat. § 416.051
Penalties — attorney general to prosecute — civil penalty for contempt
1. Any person who violates any of the provisions of subsection* 1 or 2 of section 416.031 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of up to fifty thousand dollars or by imprisonment in the county jail for a term not to exceed one year, or by both such punishments at the discr…
Mo. Rev. Stat. § 416.061
Attorney general to prevent and restrain violations — consent judgments authorized
1. The several circuit courts of this state are invested with jurisdiction to prevent and restrain violations of section 416.031. 2. It shall be the duty of the attorney general to enforce the provisions of sections 416.011 to 416.161. It shall be the duty of the attorney general to institute civil proceedings to preve…
Mo. Rev. Stat. § 416.071
Injunctive relief by circuit courts authorized
1. In addition to all other remedies provided by sections 416.011 to 416.161, the circuit courts of this state are invested with jurisdiction to grant such preliminary or permanent injunctive relief and to issue such temporary restraining orders as necessary to prevent and restrain violations of section 416.031. 2. In…
Mo. Rev. Stat. § 416.081
Antitrust revolving fund — how used — source of funds
1. There is created a revolving fund for the office of the attorney general to be known as the "Antitrust Revolving Fund", which shall consist of money transferred by the general assembly of the state of Missouri from the general revenue fund to be credited to such fund, and any money paid into the state treasury and r…
Mo. Rev. Stat. § 416.091
Documentary material, requirement to produce, demand for, how made, how served — returns, how verified — failure to comply, effect of
1. Whenever the attorney general has reason to believe that a person under investigation may be in possession, custody, or control of any books, documents, records, writings or tangible things, hereinafter referred to as "documentary material", relevant to a civil investigation of a violation of section 416.031, he may…
Mo. Rev. Stat. § 416.111
Refusal to testify prohibited — criminal immunity granted
In any investigation or proceeding brought to enforce the provisions of sections 416.011 to 416.161, no individual shall be permitted to refuse to answer any question material to the matter in controversy or to refuse to produce documentary material on the ground that the testimony or documentary material required of h…
Mo. Rev. Stat. § 416.121
Who may sue — prevailing plaintiff to be awarded attorney's fees and costs
Any person, including the state, who is injured in his business or property by reason of anything forbidden or declared unlawful by sections 416.011 to 416.161 may sue therefor in any circuit court of this state in which the defendant or defendants, or any of them, reside, or have any officer, agent or representative,…
Mo. Rev. Stat. § 416.131
Venue of actions — actions to be brought within four years — involvement in interstate or foreign commerce, no defense
1. Any action or proceeding, civil or criminal, authorized by sections 416.011 to 416.161, shall be brought in the circuit court for the circuit in which any defendant resides, engages in business or has an agent, unless otherwise specifically provided herein. 2. Any action brought under sections 416.011 to 416.161 sha…
Mo. Rev. Stat. § 416.141
How construed as to comparable federal acts
Sections 416.011 to 416.161 shall be construed in harmony with ruling judicial interpretations of comparable federal antitrust statutes.
Mo. Rev. Stat. § 416.151
State's remedies to be cumulative — only one monetary recovery on any one act
The remedies afforded the state under sections 416.011 to 416.161 shall be cumulative but the state shall not be permitted more than one recovery of monetary damages arising out of the same act or injury.
Mo. Rev. Stat. § 416.161
Severability clause
If any provision of sections 416.011 to 416.161 is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of sections 416.011 to 416.161 and the applicability thereof to other persons and circumstances shall not be affected thereby.
Mo. Rev. Stat. § 416.410
Definitions
As used in sections 416.410 to 416.560 the following terms are construed to have the following meanings, except in those instances where the context clearly indicates otherwise: (1) "Bulk milk", milk in bulk form, in cans, tank cars or tank trucks that is furnished to a processor for the purpose of processing and manuf…
Mo. Rev. Stat. § 416.415
Selling or advertising milk at less than cost prohibited — evidence
1. No processor or distributor shall, with the intent or with the effect of unfairly diverting trade from a competitor, or of otherwise injuring a competitor, or of destroying competition, or of creating a monopoly, advertise, offer to sell or sell within the state of Missouri, at wholesale or retail, any milk product…
Mo. Rev. Stat. § 416.420
Discrimination in price between localities — evidence
1. No processor or distributor shall, with the intent or with the effect of unfairly diverting trade from a competitor, or of otherwise injuring a competitor, or of destroying competition, discriminate in price in the sale of any milk product furnished from the same plant between any of the towns, cities, municipalitie…
Mo. Rev. Stat. § 416.425
Sales by retailers at less than cost — evidence
1. No nonprocessing retailer shall, with the intent or with the effect of unfairly diverting trade from a competitor, or otherwise injuring a competitor, or of destroying competition, or of creating a monopoly, advertise, offer to sell or sell within the state of Missouri, any milk product for less than cost to the ret…
Mo. Rev. Stat. § 416.430
Sale by bulk milk handler at less than cost — evidence
1. No bulk milk handler shall, with the intent or with the effect of unfairly diverting trade from a competitor, or of otherwise injuring a competitor, or of destroying competition, or of creating a monopoly, advertise, offer to sell or sell within the state of Missouri, bulk milk, raw or pasteurized, that is intended…
Mo. Rev. Stat. § 416.435
Sales of milk in combination with other products at less than cost — evidence
1. No person shall, with the intent or with the effect of unfairly diverting trade from a competitor, or of otherwise injuring a competitor or of destroying competition, or of creating a monopoly, advertise, offer to sell or sell any milk product with any other commodity or service at a combined price which is less tha…
Mo. Rev. Stat. § 416.440
Rebates, discounts, allowances or gifts by processor or distributor — exceptions — evidence
1. No milk processor or distributor shall, with the intent or with the effect of unfairly diverting trade from a competitor, or of otherwise injuring a competitor, or of destroying competition, or of creating a monopoly, give or offer to give any milk product purchaser any rebate, discount, free service or services, ad…
Mo. Rev. Stat. § 416.445
Sales and advertisements exempt from law, when
The provisions of sections 416.415 to 416.430 do not apply to advertisements, offers to sell or sales where: (1) The sales are made in an isolated transaction and not in the usual course of business; (2) The merchandise is damaged; (3) The items are sold upon the final liquidation of any business; (4) The items are sol…
Mo. Rev. Stat. § 416.450
Complaints, investigation by director — actions to restrain violations
In any case in which a complaint is made in writing to the director by a person claiming to be injured because milk products are being offered for sale or sold in violation of the provisions of sections 416.410 to 416.560, or in which such violations are apparent to the director, the director shall forthwith cause an i…
Mo. Rev. Stat. § 416.455
Person injured by violation may intervene in or bring injunction action
Any person who is injured in business or property by reason of another person's violation of any provision of sections 416.410 to 416.560 may intervene in the suit for injunction instituted pursuant to section 416.450 against the other person or he may bring a separate action and recover three times the actual damages…
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