Iowa Code § 553.1
Short title
This chapter shall be known and may be cited as the “Iowa Competition Law”.
Iowa Code Chapter 553 — Iowa Competition Law
Iowa · statute · Iowa Code ch. 553 · 19 active provisions
Provisions
Iowa Code § 553.2
Construction
This chapter shall be construed to complement and be harmonized with the applied laws of the United States which have the same or similar purpose as this chapter. This construction shall not be made in such a way as to constitute a delegation of state authority to the federal government, but shall be made to achieve un…
Iowa Code § 553.3
Definitions
As used in this chapter unless the context otherwise requires: 1. “Commodity” means tangible or intangible property, real, personal, or mixed. 2. “Enterprise” means a business, commercial or professional entity, including a corporation, partnership, limited partnership, professional corporation, proprietorship, incorpo…
Iowa Code § 553.4
Restraint prohibited
A contract, combination, or conspiracy between two or more persons shall not restrain or monopolize trade or commerce in a relevant market.
Iowa Code § 553.5
Monopoly prohibited
A person shall not attempt to establish or establish, maintain, or use a monopoly of trade or commerce in a relevant market for the purpose of excluding competition or of controlling, fixing, or maintaining prices.
Iowa Code § 553.6
Exemptions
This chapter shall not be construed to prohibit: 1. The activities of any labor organization, individual members of such an organization, or group of such organizations, of any employer or group of employers, or of any groups of employees, if these activities are directed solely to legitimate labor objectives which are…
Iowa Code § 553.7
Attorney general to enforce
The attorney general, with such assistance as may be required from time to time of the county attorneys in their respective counties, shall institute all criminal and civil actions and proceedings brought under this Act in the name of the state.
Iowa Code § 553.8
Venue
A suit or proceeding brought under this chapter may be brought in the county where the cause of action arose, where any defendant resides or transacts business, or where an act in furtherance of the conduct prohibited by this chapter occurred.
Iowa Code § 553.9
Investigation
1. If the attorney general has reasonable cause to believe that a person has engaged in or is engaging in conduct prohibited by this chapter, the attorney general shall make such investigation as is deemed necessary and may, prior to the commencement of a suit against this person under this chapter, do any of the follo…
Iowa Code § 553.10
Investigation enforcement
If a person objects or otherwise fails to obey a written demand or court order issued under section 553.9, the attorney general may file in the district court of the county in which the person resides or maintains a principal place of business within this state an application for an order to enforce the demand or order…
Iowa Code § 553.11
Protective orders
Before the attorney general files an application under section 553.10 and upon application of any person who was served a written demand or court order under section 553.9, upon notice and hearing, and for good cause shown, the district court may make any order which justice requires to protect the person from annoyanc…
Iowa Code § 553.12
Remedies
The state or a person who is injured or threatened with injury by conduct prohibited under this chapter may bring suit to: 1. Prevent or restrain conduct prohibited under this chapter and remove the conduct’s effect by injunction, divestiture, divorcement, dissolution of domestic enterprises right to do business in thi…
Iowa Code § 553.13
Civil penalty
In addition to suit under section 553.12, the state may bring suit to assess a civil penalty against an enterprise whose conduct is prohibited under this chapter. The suit may be tried to the jury and the civil penalty provided for in this section shall be imposed by the court. The civil penalty assessed shall not exce…
Iowa Code § 553.14
Criminal penalties
1. A person or a natural person having substantial control over an enterprise who knowingly and willfully engages in conduct prohibited by this chapter shall be guilty of a serious misdemeanor. 2. A person having substantial control over an enterprise who knowingly and willfully engages in bid rigging or price fixing i…
Iowa Code § 553.15
Election of remedies
The bringing of suit to assess a civil penalty against a person by filing a petition shall be an election of remedies to not bring a criminal prosecution against this person. The bringing of a criminal prosecution against a person by filing an information or returning an indictment shall be an election of remedies to n…
Iowa Code § 553.16
Limitations
1. Suit by the state to assess a civil penalty or to obtain a criminal conviction under this chapter must be commenced within four years after the cause of action accrues or, if there is fraudulent concealment of this cause of action, within four years after the cause of action becomes known, whichever period is later.…
Iowa Code § 553.17
Prima facie evidence
A final decree or judgment, other than a consent decree or consent judgment entered before trial, in a suit brought by the state is prima facie evidence against the defendant in a suit brought by any person other than the state under section 553.12 as to all matters respecting which this decree or judgment would be an…
Iowa Code § 553.18
Debarment
A contractor or supplier of goods or services to the state or a governmental agency, and the enterprise for which the illegal action was taken, convicted under this chapter, or convicted under the laws of any other state or the federal government for actions which would constitute a violation of this chapter, are prohi…
Iowa Code § 553.19
Antitrust fund
1. An antitrust fund is created as a separate fund in the state treasury to be administered by the attorney general. Moneys credited to the fund shall include amounts received as a result of a state or federal civil antitrust judgment or settlement which are based on damages sustained by the state, civil penalties, cos…