Source: Part of sec. 4359 and sec. 4360 Rev. Code 1919, revised in form only and combined to remove repetition and unite cognate subject matter.

Sec. 13.1809. Special procedure for precedence certain cases and as to parties, all cases.—Whenever any suit in equity is brought in any court under this chapter wherein the State is complainant, the attorney general or the state's attorney may file with the clerk of such court a certificate that in his opinion the case is of general public importance, a copy of which shall be immediately furnished by such clerk to the judge of the court in which said case is pending. Thereupon such case shall be given precedence over others and in every way expedited and be assigned for hearing on the earliest practicable day.

Whenever it shall appear to the court before which any civil or criminal proceeding under this chapter shall be pending, that the ends of justice require that other parties shall be brought before the court, the court may cause them to be summoned whether they reside in the county where the court is held or not.

Source: Secs. 4362 and 4363 Rev. Code 1919, revised in form only and combined to unite cognate subject matter.

Sec. 13.1810. Witnesses and evidence, competency, when selfincriminating-Immunity from use of evidence or prosecution; contempt for refusal.-In all prosecutions, hearings, and proceedings under the provisions of this chapter, whether civil or criminal, no person shall be excused from attending and testifying or from producing records, documents, or other evidence before the courts of this State or in obedience to the subpoena of the same, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to penalty or forfeiture; but if compelled to testify or produce evidence, neither such testimony nor evidence shall be used against him in any action or proceedings, civil or criminal, nor shall he be thereafter punished or prosecuted for the offense with reference to which such testimony or evidence was given. Any person, officer, or agent in the service or employment of any corporation, partnership, or association of persons, who shall neglect or refuse to make returns, attend, and testify or answer any lawful requirement hereinbefore provided for, or produce records, documents, or other evidence, if in his custody, control, or power to do so, in obedience to the subpoenas of the courts, shall be deemed guilty of contempt and be punished as provided by law.

Source: Sec. 4361 Rev. Code 1919, revised in form to remove superfluous words and amended to include "real evidence," to strengthen statute.

Sec. 13.1811. Remedies cumulative. The remedies provided for in this chapter shall be construed as cumulative and not exclusive. Source: Sec. 4369 Rev. Code 1919.

Sec. 37.1913. Unlawful trust or monopoly-Damages against; violation of trust and monopoly laws.-Any person, corporation, partnership, or association of persons, who may suffer damage by reason of the unlawful operation as provided by sections 13.1801, 13.1802, 13.1803, 13.1804, 13.1805, and 13.1806, of any person, pool, trust, or combination may maintain a civil action therefor in any of the courts of this State having jurisdiction thereof, and may recover the amount of damages sustained, together with the costs of the suit, including a reasonable attorney fee to be fixed by the court. Source: Sec. 4364 Rev. Code 1919, revised to include right of damages against single person violating statute, so as to conform to the wording and intent of the statute.

Foreign Corporations

Sec. 11.2106. Unlawful trusts, combinations, monopolies; violation by foreign corporation; license revoked.-Any foreign corporation which shall enter into any combination, conspiracy, trust, pool, agreement, or contract intended to restrain or prevent competition in the supply or price of any article or commodity in general use in this State or constituting a subject of trade or commerce therein, or which shall in any manner control the price of any such article or commodity, fix the price thereof, limit or fix the amount or quantity thereof to be manufactured, mined, produced, or sold in this State or fix any standard or figure by which its price to the public shall be in any manner controlled or established, shall upon proof thereof in any court of competent jurisdiction have its license or authority to do business in this State canceled and annulled. Source: Sec. 8914 Rev. Code 1919.

Sec. 11.2107. Antitrust affidavit; filing required with articles and annual report; necessary to qualification.-No foreign corporation shall be authorized to file its charter or articles of incorporation or association with the secretary of state or be authorized to do business in this State unless it shall at the time of making application therefor file with the secretary of state an affidavit executed by its president, secretary, or general managing officer stating that such corporation has not violated any of the provisions of the preceding section and every such corporation shall upon filing its annual statement with the secretary of state make and attach thereto the affidavit of its president, secretary, or general managing officer

fully stating the facts in regard to the matters specified in the preceding section.

Source: Sec. 8915 Rev. Code 1919.

Discrimination

Sections 13.1803-13.1806 provide that it shall be unlawful for any person purchasing or selling commodities to discriminate as to price. between different localities when such discrimination is for the purpose of destroying competition. See Vol. State Price Control Legislation: Antidiscrimination Legislation.

Comp. Laws (1939)

Conspiracy Statute

Section 13.0301 provides (in part) that it is illegal to conspire to commit any act injurious to trade or commerce.

Judicial Decisions

Application of Statutes.

In a proceeding under sections 4352 to 4364 (Comp. Laws (1939) secs. 13.1801 to 37.1913, an indictment charging that the defendants, consisting of substantial lumber interests, entered into a conspiracy to control prices and suppress competition was held to be sufficient; an allegation of an overt act in furtherance of this unlawful combination is not essential. State v. Fullerton Lumber Co. et al., 35 S. D. 410, 152 N. W. 708 (1915).

B. EXCEPTIONS TO GENERAL ANTITRUST LAWS

Comp. Laws (1939)

Resale Price Maintenance

Sections 54.0401 to 54.0407 validate contracts fixing the resale price of branded commodities. The statute is expressly inapplicable to horizontal agreements between producers or distributors, between wholesalers, or between retailers as to sale or resale prices.

C. SPECIAL ANTITRUST LAWS

1. Special Industry Antitrust Laws

CONSTITUTIONAL PROVISIONS

Railroads

Const. art. XVII, sec. 14, provides that no railroad corporation shall consolidate its stock, property, or franchises with any other railroad corporation owning a parallel or competing line, and penalty for any attempt to evade this provision shall work a forfeiture of its charter.

STATUTORY PROVISIONS

Comp. Laws (1939)

Common Carriers

Section 52.0211 provides that no common carrier shall enter into any contract, agreement, or combination with any other common carrier for the pooling of freight, express, or messages by telegraph or telephone of different and competing lines, or divide between them the aggregate or net proceeds of earnings of such lines. A common carrier shall be liable to person injured for amount of damages sustained, if received without suit; if received by suit, common carrier shall be liable for not to exceed twice the amount of damages sustained. Sec. 52.0214. Violation shall be deemed a misdemeanor punishable by fine or imprisonment in the state penitentiary not exceeding two years, or both. Sec. 9516.

Telephone and Telegraph

Section 52.1312 provides that no association, corporation, or individual organized for purpose of owning, maintaining, or operating lines or telephone or telegraph shall consolidate with or hold a controlling interest in the stock or bonds of any telephone or telegraph company owning a competing line, or acquire by purchase or otherwise any competing line of telegraph without the consent of the Board of Railroad Commissioners.

Chamber of Commerce, Exchanges

Section 54.0803 provides that every Chamber of Commerce, Board of Trade or Exchange operating a trading place in which members buy, sell, or exchange livestock, grain, or other farm products, which shall adopt any rule, or refuse or delay any applicant membership, or refuse to trade with any member or permit any member to deal with any other member is declared to be a monopoly in restraint

of trade and guilty of a misdemeanor, and further trading by the organization or any member thereof shall be unlawful.

Gasoline-Discrimination

Section 54.0901 provides that anyone engaged in business of selling gasoline or kerosene and shall intentionally for purpose of creating a monopoly, or of destroying the business of a regularly established competitor in any locality discriminate by selling above commodities at a lower rate in one community than in another after making due allowance, if any, in the grade or quality, and the cost of transportation from the refinery shall be guilty of unfair discrimination.

Fire Insurance

Sections 31.2310 and 31.9919 provide that any combination between fire-insurance companies relating to rates to be charged, fixing the minimum premium, the amount of commission to be paid agents, or manner of transacting business of fire insurance within the state is unlawful and any company, officer, or agent violating this section is guilty of a misdemeanor, and subject to a fine of not less than $100 or more than $500 for each offense. Every fire-insurance company must file annual affidavit stating it has not violated provisions of the statute. The Commissioner of Insurance has authority to examine officers and employees of fire-insurance companies suspected of violation of the statute, and, if upon examination, the Insurance Commissioner shall determine that such company is guilty he shall issue an order revoking its authority to do business in the state and company shall not be permitted to transact business at any time within one year from date of revocation.

Warehouses

Section 60.0313 provides that it shall be unlawful for any proprietor, lessee, or manager of any public warehouse to enter into any agreement or combination with any railroad or other corporation or with any individual by which the property of any person is to be delivered to any public warehouse for storage contrary to the direction of owner, his agent or consignee. Violation of the Act constitutes a misdemeanor punishable by fine or imprisonment for not exceeding 30 days, or both. Sec. 60.9906.

Milk, Cream, and Butter-Discrimination

Section 4.1801 provides that it shall be unlawful for any person engaged in the business of buying milk, cream, butter, or other dairy products to discriminate as to price between different localities