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lawful restraint of trade, an illegal monopoly, or an attempt to lessen competition or to fix prices arbitrarily. See Tying Contracts and Exclusive Dealing Arrangements, infra. See also Cooperatives in projected study.

Comp. Gen. Laws Ann. (Skillman, Supp. 1936)

Section 6509 provides that a nonprofit agricultural cooperative association shall not be deemed to be a combination in restraint of trade or an illegal monopoly or an attempt to lessen competition or fix prices arbitrarily. See Tying Contracts and Exclusive Dealing Arrangements, infra. See also Cooperatives in projected study.

Comp. Gen. Laws Ann. (Skillman, Supp. 1938)

Section 6508 (4) provides that a cooperative association organized under sections 6508 (4) to 6508 (8) for the purpose of dealing in commercial sponges shall not be deemed to be a combination in restraint of trade, an illegal monopoly, or an attempt to lessen competition or fix prices arbitrarily. See Tying Contracts and Exclusive Dealing Arrangements, infra. See also Cooperatives in projected study.

Cooperatives.

Judicial Decisions

Section 6509, exempting agricultural and horticultural cooperative marketing associations from the operation of the antitrust laws is valid under both the State and Federal Constitutions. Lee v. Clearwater Growers' Ass'n., TC Fla. 214, 111 So. 722 (1927); Jellesma v. Tampa Better Milk Producers' Cooperative, 109 Fla. 200, 147 So. 463 (1933); Brock v. Hardie, 114 Fla. 670, 154 So. 690 (1934).

C. SPECIAL ANTITRUST LAWS

1. Special Industry Antitrust Acts

Comp. Gen. Laws Ann. (Skillman, Supp. 1938)
Copyrighted Musical Compositions

Sections 7954 (1) to 7954 (20) provide that it shall be unlawful for authors, composers, publishers, or owners of copyrighted musical compositions, to form any kind of partnership, association, or combination for the purpose of fixing license fees or other charges for the use or rendition of such compositions for public or private use, when the members of such combination form a substantial number of the persons within the United States owning or controlling copyrighted musical compositions. The fixing of such fees and the col

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lecting or attempting to collect such fees is declared illegal and in restraint of trade, and subjects the offender to a fine of not less than $50 or more than $5,000, and by imprisonment for not less than one or more than ten years. Any person injured by a violation of this law may recover damages. The statute specifically provides, however, that nothing therein shall prevent authors and composers from determining and fixing the price to be charged for their copyrighted musical compositions, provided they act independently of any such combination.

Comp. Gen. Laws Ann. (Skillman, Supp. 1936)

Liquor

Section 4151 (228) provides that, except as hereinafter provided, any liquor license applicant may receive a license as a manufacturer and distributor, but no license shall be issued to a manufacturer and distributor as a vendor, nor to a vendor as a manufacturer or distributor. Also, no manufacturer, rectifier, or distiller, manufacturing, rectifying, or distilling spirituous liquors, in any State other than the State of Florida shall be licensed as a distributor.

Section 4151 (230) provides that no licensed manufacturer or distributor shall have any financial interest directly or indirectly in the establishment or business of any licensed retail vendor, nor assist any vendor by gift or loan of money or any other property or by the giving of rebates of any kind whatsoever. No vendor shall directly or indirectly accept any such assistance. Exception is made for supplies to transport such beverages, advertising materials, and credit extensions or trade discounts in the usual course of trade or business. Section 3 amending section 7648 (6), provides that violation of any sections of the act is a misdemeanor, punishable by imprisonment in the county jail for not more than 6 months or by a fine of not more than $500, or both. Upon a second conviction, the violator shall be deemed guilty of a felony and shall be punished by imprisonment for not less than 1 year nor more than 5 years in the State penitentiary or fined not more than $5,000, or both.

Comp. Gen. Laws Ann. (Skillman, 1927)
Meats

Sections 7075 to 7079 provide that it is against public policy to enter into any contract or combination to obstruct the lawful sale of Florida meat or any other fresh meat, or to attempt to monopolize or control the sale or price of such fresh meat. Any corporation violating these provisions shall forfeit its charter. The circuit courts of the state are given jurisdiction to enjoin any violation of this law

and to enjoin any raising or lowering of the price of fresh meat with the intent or the tendency to prevent the sale of such fresh meat.

Comp. General Laws (1927)

Conspiracy Statute

Section 7543 declares conspiracies to fix the price or limit the supply of meats to be a misdemeanor.

2. Public Contract Provisions

No statutory provisions.

3. Anticoercive Financing Statutes

Comp. Gen. Laws Ann. (Skillman, Supp. 1938)

Sec. 4151. (459) Sale of motor vehicles to dealers under agreement that purchase shall be financed through designated finance company; definitions of terms used in law. (a) The term "person" or "persons" as used in this Chapter means any individual, firm, corporation, partnership, association, trustee, receiver or assignee for the benefit of creditors.

(b) The terms "sell," "sold," "buy," and "purchase," as used in this Chapter, include exchange, barter, gift, and offer to contract to sell or buy.

(c) The term "manufacturer" shall mean any person engaged, directly or indirectly, in the manufacture of motor vehicles.

(d) The term "wholesale distributor" shall mean any person engaged, directly or indirectly, in the sale or distribution of motor vehicles to agents or to dealers.

(e) The term "dealer" shall mean any person who is engaged in, or who intends to engage in the business of selling motor vehicles at retail in this State. The term "dealer" shall also include "retail agent."

(f) The term "finance company" shall mean any person engaged in the business of financing the sale of motor vehicles, or engaged in the business of purchasing or acquiring conditional bills of sale, or promissory notes, either secured by vendor's lien, or chattel mortgages, or arising from the sale of motor vehicles in this State. (Ch. 18031, Acts 1937, sec. 13.)

Sec. 4151. (460) Contracts declared void.-It shall be unlawful for any manufacturer or wholesale distributor of motor vehicles to sell or contract for the sale of motor vehicles to any motor vehicle dealer on the condition, or with the agreement or understanding, ex

pressed or implied, that such dealer shall in any manner finance the purchase or sale of any one or number of motor vehicles only through a designated finance company or shall sell and assign the conditional sales contracts or chattel mortgages or other paper arising from the sale of motor vehicles or any one or number thereof only to a designated finance company, when the effect of the condition, agreement or understanding so entered into may be to lessen or eliminate competition, or create or tend to create a monopoly in the finance company who is designated, by virtue of such condition, agreement or understanding to finance the purchase or sale of motor vehicles, or to purchase such conditional sales contract, chattel mortgages or other paper, and any such condition, agreement or understanding is hereby declared to be void and against the public policy of this State. (Id. sec. 1.)

Sec. 4151. (461) Threats by manufacturer or wholesaler as prima facie evidence of intent to violate law. Any threat, expressed or implied, made directly or indirectly, to any motor vehicle dealer, by any manufacturer, or wholesale distributor on authority or with the knowledge of any such manufacturer, or wholesale distributor, that such person will discontinue to sell, or will terminate a contract to sell motor vehicles to such dealer unless such dealer finances the purchase or sale of motor vehicles only with or through a designated finance company or sells and assigns the conditional sales contracts, chattel mortgages, or other paper arising from his retail sales of motor vehicles only to a designated finance company, shall be prima facie evidence of the fact that such manufacturer or wholesale distributor has sold or intends to sell motor vehicles, on the condition or with the agreement or understanding prohibited in section 4151 (460). (Id. sec. 2.)

Sec. 4151. (462) Threats by finance company presumed to be made at direction of manufacturer or wholesaler.-Any threat, expressed or implied, made directly or indirectly to any motor vehicle dealer, by any finance company or agent thereof, who is affiliated with or controlled by any manufacturer or wholesale distributor of motor vehicles, that such manufacturer or wholesale distributor shall terminate his contract with or cease to sell motor vehicles to such dealer unless such dealer finances the purchase or sale of motor vehicles only with or through a designated finance company or sells and assigns the conditional sales contracts, chattel mortgages, or other paper arising from his retail sales of motor vehicles only to a designated finance company, shall be presumed to be made at the direction of and with the authority of such manufacturer or wholesale distributor of motor vehicles, and shall be prima facie evidence

of the fact that such manufacturer or wholesale distributor of motor vehicles has sold or intends to sell motor vehicles on the condition or with the agreement or understanding prohibited in section 4151 (460). (Id., sec. 3.)

Sec. 4151. (463) Paying or giving anything to finance company to lessen competition.-It shall be unlawful for any manufacturer or wholesale distributor of motor vehicles, to pay or give, or contract to pay or give anything or service of value to any finance company if the effect of any such payment or the giving of any such thing or service of value may be to lessen or eliminate competition, or tend to create or create a monopoly in the finance company which receives or accepts such thing or service of value. (Id. sec. 4.)

Sec. 4151. (464) Acceptance of anything of value by finance company resulting in lessening of competition. It shall be unlawful for any finance company to accept or receive, or contract or agree to accept or receive, either directly or indirectly, any payment, thing or service of value from any manufacturer or wholesale distributor of motor vehicles, if the effect of the acceptance or receipt of any such payment, thing, or service of value may be to lessen or eliminate competition, or to create or tend to create a monopoly in the person who accepts or receives such payments, thing, or service of value, or contracts, or agrees to accept or receive the same. (Id. sec. 5.)

Sec. 4151. (465) Acceptance of benefits by finance company with object of lessening competition. It shall be unlawful for any finance company who hereafter so accepts or receives, either directly or indirectly, any payment, thing, or service of value, as set forth in section 4151 (464), or hereafter so contracts, either directly or indirectly, to receive any such payment or thing or service of value to thereafter finance or attempt to finance the purchase or sale of any motor vehicle or buy or attempt to buy any conditional sales. contracts, chattel mortgages, or other paper on motor vehicles sold at retail in this State. (Id. sec. 6.)

Sec. 4151. (466) Suit by Attorney General or State attorney for violation of law. For a violation of any of the provisions of this Chapter by any corporation mentioned herein, it shall be the duty of the Attorney General or the State attorney of the proper county, to institute proper suits or quo warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter rights, franchises or privileges and powers exercised by such corporation, and for the dissolution of the same under the general statutes of the State. (Id., sec. 7.)

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