(1) to require any retailer to purchase from such producer or wholesaler to the exclusion, in whole or in part, of liquors sold by others; or (2) to induce such unlawful conduct (a) by acquiring any interest in the license or property owned or used by the retailer in his business; or (b) in any way furnishing any equipment, supplies, money, or services, except as allowed by rules made pursuant to this act; or (c) by paying for advertising and distribution service; or (d) by guaranteeing financial obligations; or (e) by credit extensions; or (f) by quota requirements; or (g) by giving bonuses or compensation to retailers or their employees; or (h) by any other form of commercial bribery. Rev. Code Ann. (Struckmeyer, Supp. 1936) Section 18861 provides that any person violating any of the provisions of this act shall be guilty of a misdemeanor and punishable by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail not less than 30 days nor exceeding 1 year, or by both. Section 1886d, as added by L. 1939, c. 64, sec. 4 (d) provides that any spirituous liquor license may be suspended or revoked by the superintendent for violation of or noncompliance with any pro ision of this act or of law, any rule or regulation issued pursuant to this act, or any condition of the license. ARKANSAS I. TRUSTS, COMBINATIONS, AND MONOPOLIES A. GENERAL ANTITRUST LAWS CONSTITUTIONAL PROVISIONS Constitution art. II, sec. 19. Perpetuities and monopolies are contrary to the genius of a republic, and shall not be allowed; nor shall any hereditary emoluments, privileges, or honors ever be granted or conferred in this State. STATUTORY PROVISIONS Sec. 9407. Conspiracy to affect prices.-Any corporation organized under the laws of this or any other State, or country, and transacting or conducting any kind of business in this State, or any partnership or individual, or other association or persons whatsoever, who are now, or shall hereafter create, enter into, become a member of, or a party to, any pool, trust, agreement, combination, confederation, or understanding whether the same is made in this State or elsewhere with any other corporation, partnership, individual, or any other person or association of persons, to regulate or fix either in this State or elsewhere the price of any article of manufacture, mechanism, merchandise, commodity, convenience, repair, any product of mining or any article or thing whatsoever, or to maintain said price when so regulated or fixed, or who are now, or shall hereafter enter into, become a member of, or a party to any pool, agreement, contract, combination, association, or confederation, whether made in this State or elsewhere, to fix or limit in this State or elsewhere, the amount or quantity of any article of manufacture, mechanism, merchandise, commodity, convenience, repair, any product of mining or any article or thing whatsoever, shall be deemed and adjudged guilty of conspiracy to defraud and be subject to the penalties as provided by this act. Act January 23, 1905, p. 1, sec. 1, as modified by act April 17, 1907, p. 430. Sec. 9408. Insurance companies.-Any foreign or domestic insurance corporation is hereby permitted to do business in this State without fine or forfeiture, upon compliance with the insurance laws of this State, provided, that such corporation is not a member of or a party to any pool, trust, agreement, combination, confederation, or understanding made in this State or elsewhere, to regulate, fix, or maintain insurance premiums on property in this State. Act April 17, 1907, p. 430. Sec. 9409. Penalty. Any person, partnership, firm, or association, or any representative or agent thereof, or any corporation or company, or any officer, representative, or agent thereof, violating any of the provisions of this act, shall forfeit not less than two hundred dollars, nor more than five thousand dollars for every such offense, and each day such person, corporation, parnership, or association shall continue to do so shall be a separate offense, the penalty in such case to be recovered by an action in the name of the State at the relation of the Attorney General the moneys thus collected to go into the State treasury for the benefit of the common school fund of this State, except as hereinafter provided. Act January 23, 1905, sec. 2, as amended by act March 12, 1913, p. 680. Sec. 9410. Forfeiture of corporate rights.-Any corporation created or organized by or under the laws of this State, which shall violate any of the provisions of the preceding sections of this act, shall thereby forfeit its corporate rights and franchises, and its corporate existence shall, upon proper proof being made thereof in any court of competent jurisdiction in this State, be by the court declared forfeited, void and of non-effect, and shall thereupon cease and determine; and any corporation created or organized by or under the laws of any other State or country, which shall violate any provision of the preceding sections of this act, shall thereby forfeit its right and privilege thereafter to do any business in this State, and, upon proper proof being made thereof in any court of competent jurisdiction in this State, its right and privilege to do business in this State shall be declared forfeited; and, in all proceedings to have such forfeiture declared, proof that any person who has been acting as the agent of such foreign corporation in transacting business in this State has been, while acting as such agent, and in the name, behalf, or interest of such foreign corporation, violating any provisions of the preceding sections of this act shall be received as prima facie proof of the act of the corporation itself; and it shall be the duty of the clerk of said court to certify the decree thereof to the Secretary of State, and if it be an insurance company, also to the Insurance Commissioner, who shall take notice and be governed thereby as to the corporate powers and rights of said corporation. Act January 23, 1905, p. 1, sec. 3, as amended by act March 7, 1917, p. 1038, sec. 6. Sec. 9411. Acts prohibited.-No individual, company, or corporation shall be subject to any of the penalties of this act, unless such individual, company, or corporation shall do within this State some act directly tending to carry into effect a conspiracy prohibited by this act; and the purchase, sale, delivery or disposition of any article of commerce in a lawful manner within this State shall not be deemed an act done in pursuance of, or for the purpose of carrying into effect, any such conspiracy. Act March 12, 1913, p. 680. Sec. 9412. Monopoly defined.-—A monopoly is any union or combination or consolidation or affiliation of capital, credit, property, assets, trade, customs, skill, or acts of any other valuable thing or possession, by or between persons, firms, or corporations, or association of persons, firms, or corporations, whereby any one of the purposes or objects mentioned in this act is accomplished or sought to be accomplished, or whereby any one or more of said purposes are promoted or attempted to be executed or carried out, or whereby the several results described herein are reasonably calculated to be produced; and a monopoly, as thus defined and contemplated, includes not merely such combination by and between two or more persons, firms, and corporations, acting for themselves, but is especially defined and intended to include all aggregations, amalgamations, affiliations, consolidations, or incorporations of capital, skill, credit, assets, property, custom, trade, or other valuable thing or possession, whether effected by the ordinary methods of partnership or by actual union under the legal form of a corporation or any incorporated body resulting from the union of one or more distinct firms or corporations, or by the purchase, acquisition, or control of shares or certificates of stocks or bonds, or other corporate property or franchises, and all partnerships and corporations that have been or may be, created by the consolidation or amalgamation of the separate capital, stock, bonds, assets, credit, property, customs, trade, corporate or firm belongings of two or more firms or corporations or companies are especially declared to constitute monopolies within the meaning of this act if so created or entered into for any one or more of the purposes named in this act; and a monopoly, as thus defined in this section, is hereby declared to be unlawful and against public policy, and any and all persons, firms, corporations, or association of persons engaged therein, shall be deemed and adjudged to be guilty of a conspiracy to defraud, and shall be subject to the penalties prescribed in this act. Act January 23, 1905, p. 1, sec. 5. Sec. 9413. Penalties-who subject to.-If any person, persons, company, partnership, association, corporation or agent engaged in the manufacture or sale of any article of commerce or consumption produced, manufactured, or mined in this State, or elsewhere, shall, with the intent and purpose of driving out competition, or for the purpose of financially injuring competitors, sell within this State at less than cost of manufacture or production, or sell in such a way, or give away in this State, their productions for the the purpose of driving out competition, or financially injuring competitors engaged in similar business, said person, or persons, company, partnership, association, corporation, or agent resorting to this method of securing a monopoly within this State in such business, shall be deemed guilty of a conspiracy to form or secure a trust or monopoly in restraint of trade, and, on conviction thereof, shall be subjected to the penalties of this act. Id. sec. 6.1 Sec. 9414. Affidavit required of corporations.-It shall be the duty of the Secretary of State, on or about the first day of July of each year, to address to the president, secretary, or treasurer of each incorporated company doing business in this State a letter of inquiry as to whether the said corporation has all or any part of its interest or business in, or with any trust, combine, or association of persons or stockholders as named in the preceding provisions of this act, and to require an answer under oath of the president, secretary or treasurer, or any director of said company. A form of affidavit shall be enclosed in said letter of inquiry, as follows: AFFIDAVIT STATE OF ARKANSAS, "I, do solemnly swear that I am the (president, secretary, treasurer, or director) of the corporation known and styled duly incorporated under the laws of on the day of and now transacting or conducting business in the State of Arkansas, and that I am duly authorized to represent said corporation in making this affidavit; and I do further solemnly swear that said known and styled as aforesaid, has not, since the day of (naming the day upon which this act is to take effect), created, entered into, or become a member of or a party to, and was not on the day of ---, nor at any day since that date, and is not now a member of or a party to any pool, trust, agreement, combination, confederation, or understanding with any other corporation, partnership, individual, or any other person or association of persons, either in this State or elsewhere, to regulate or fix in this State the price of any article of manufacture, mechanism, merchandise, commodity, convenience, repair, or any product of mining, or any article or thing whatsoever or the price or premium to be paid for insuring property against loss or damage by fire, lightning, storm, cyclone, tornado, or any other kind of policy issued by the parties aforesaid; and that it has not entered into or become a member of a party to any pool, trust, agreement, For further treatment of sec. 9413 see vol, State Price Control Legislation; Prohibition of Predatory Price Practices. |