OHIO

I. TRUSTS, COMBINATIONS AND MONOPOLIES

A. GENERAL ANTITRUST LAWS

CONSTITUTIONAL PROVISIONS

No provisions.

STATUTORY PROVISIONS

Code Ann. (Throckmorton, 1936)

Sec. 6390. Definition of terms.-The word "person" or "persons" as used in this chapter includes corporations, partnerships, and associations existing under or authorized by any state or territory of the United States, or a foreign country. (93 v. 146, sec. 12.)

Sec. 6391. Definition of trusts.-A trust is a combination of capital, skill, or acts by two or more persons, firms, partnerships, corporations or associations of persons, for any or all of the following purposes:

1. To create or carry out restrictions in trade or commerce.

2. To limit or reduce the production or increase, or reduce the price of merchandise or a commodity.

3. To prevent competition in manufacturing, making, transportation, sale, or purchase of merchandise, produce, or a commodity.

4. To fix at a standard or figure, whereby its price to the public or consumer is in any manner controlled or established, an article or commodity of merchandise, produce, or commerce intended for sale, barter, use, or consumption in this state.

5. To make, enter into, execute, or carry out contracts, obligations, or agreements of any kind or description, by which they bind or have bound themselves not to sell, dispose of, or transport an article or commodity, or an article of trade, use, merchandise, commerce, or consumption below a common standard figure or fixed value, or by which they agree in any manner to keep the price of such article, commodity, or transportation at a fixed or graduated figure, or by which they shall in any manner establish or settle the price of an article,

commodity, or transportation between them or themselves and others, so as directly or indirectly to preclude a free and unrestricted competition among themselves, purchasers, or consumers in the sale or transportation of such article or commodity, or by which they agree to pool, combine, or directly or indirectly unite any interests which they have connected with the sale or transportation of such article or commodity, that its price might in any manner be affected. Such trust as is defined herein is unlawful, against public policy, and void. (93 v. 143, sec. 1.)

Sec. 6392. Owning trust certificate or entering into a combination prohibited. It shall not be lawful for a person, partnership, association, or corporation, or an agent thereof, to issue or own trust certificates, or for a person, partnership, association, or corporation, or an agent, officer, or employee thereof, or a director or stockholder of a corporation, to enter into a combination, contract, or agreement with any person or persons, corporation or corporations, or a stockholder or director thereof, the purpose and effect of which is to place the management or control of such combination or combinations, or the manufactured product thereof, in the hands of a trustee or trustees with the intent to limit or fix the price or lessen the production and sale of an article of commerce, use, or consumption, or to prevent, restrict, or diminish the manufacture or output of such article. (93 v. 145, sec. 10.)

Sec. 6393. Illegal contract.—A contract or agreement in violation of any provision of this chapter is void and not enforceable either in law or equity. (93 v. 145, sec. 8.)

Sec. 6394. Foreign corporations must comply with antitrust acts; revocation of certificate.-A foreign corporation or foreign association exercising any of the powers, franchises, or functions of a corporation in this state, violating any provision of this chapter shall not have the right of, and shall be prohibited from, doing any business in this state. The attorney general shall enforce this provision by proceedings in quo warranto in the supreme court, or the court of appeals of the county in which the defendant resides or does business, or by injunction or otherwise. The secretary of state shall revoke the certificate of such corporation or association theretofore authorized by him to do business in this state. (103 v. 424; 101 v. 274; 93 v. 144, sec. 3.)

Sec. 6395. Violation; penalty.-A person, firm, partnership, corporation, or association violating any provision of this chapter shall forfeit and pay to the state, for the use of the general revenue fund thereof, the sum of fifty dollars for each day that such violation is committed or continued after due notice given by the attorney general

or a prosecuting attorney. Such sum may be recovered in the name of the state in any county where the offense is committed or where any of the offenders reside; and the attorney general, or the prosecuting attorney of any county upon the order of the attorney general, shall prosecute for the recovery thereof. When such action is prosecuted by the attorney general he may begin the same in the court of common pleas of Franklin county or of any county in which the defendant resides or does business. (101 v. 275; 93 v. 145, sec. 7.)

Sec. 6396. Criminal penalty; penalty when violation relates to bread, meat, vegetables, etc.-A violation of any or all of the provisions of this chapter is a conspiracy against trade, and a person engaged in such conspiracy or taking part therein, or aiding or advising in its commission, or, as principal, manager, director, agent, servant, or employer, or in any other capacity, knowingly carrying out any of the stipulations, purposes, prices or rates, or furnishing any information to assist in carrying out such purposes, or orders thereunder, or in pursuance thereof, or in any manner violating a provision of this chapter, shall be fined not less than fifty dollars nor more than five thousand dollars or imprisoned not less than six months nor more than one year, or both. Provided, however, that when the violation of the provisions of this chapter consists of a combination to control the price or supply, or to prevent competition in the sale of bread, butter, eggs, flour, meat, vegetables or any one of said articles, the person or persons thus engaged shall upon conviction thereof be fined in any sum not less than five hundred dollars and be imprisoned in the penitentiary not less than one nor more than five years. Each day's violation of any of the provisions of this chapter shall constitute a separate offense. (103 v. 254; 93 v. 144, secs. 4, 10.)

Sec. 6397. Liability for damages. In addition to the civil and criminal penalties provided in this chapter, the person injured in his business or property by another person, or by a corporation, association, or partnership, by reason of anything forbidden or declared to be unlawful in this chapter, may sue therefor in any court having jurisdiction thereof in the county where the defendant or his agent resides or is found, or where service may be obtained, without respect to the amount in controversy, and recover twofold the damages sustained by him and his costs of suit. When it appears to the court, before which a proceeding under this chapter is pending, that the ends of justice require other parties to be brought before such court, the court may cause them to be made parties defendant and summoned whether they reside in the county where such action is pending, or not. (93 v. 146, sec. 11.)

Sec. 6398. What indictment shall contain.-In an indictment for an offense provided for in this chapter, it is sufficient to state the pur

pose or effects of the trust or combination, and that the accused is a member thereof, or acted with or in pursuance of it or aided or assisted in carrying out its purposes, without giving its name or description, or how, when, and where it was created. (93 v. 144, sec. 5.)

Sec. 6399. Evidence. In prosecutions under this chapter, it shall be sufficient to prove that a trust or combination as defined herein, exists, and that the defendant belonged to it, or acted for or in connection with it, without proving all the members belonging to it, or proving or producing an article of agreement, or a written instrument on which it may have been based; or that it was evidenced by a written instrument. The character of the trust or combination alleged may be established by proof of its general reputation as such. (93 v. 145, sec. 6.)

Sec. 6400. Jurisdiction of courts; quo warranto; injunction.— The several courts of common pleas in the state are hereby invested with jurisdiction to restrain and enjoin violators of this chapter. For a violation of any provision of this chapter by a corporation or association mentioned herein, the attorney general, or the prosecuting attorney of the proper county, shall institute proper proceedings in a court of competent jurisdiction in any county in the state where such corporation or association exists, does business or has a domicile. When such suit is instituted by the attorney general in quo warranto, he may begin the same in the supreme court of the state, or the court of appeals of Franklin County. When such suit is instituted by the attorney general to restrain and enjoin a violation of any provision of this chapter, he may begin the same in the court of common pleas of Franklin County. Such proceedings to restrain and enjoin such violation, or violations, shall be by way of petition setting forth the case, and praying that such violation shall be enjoined or otherwise prohibited.

Domestic corporations; dissolution by court. Upon the filing of such petition, and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises. In any action or proceeding in quo warranto by the attorney general or a prosecuting attorney against a corporation the court in which such action or proceeding is pending may, ancillary to such action or proceeding, restrain or enjoin the corporation and its officers and agents from continuing or committing during the pendency of the action the alleged act or acts by reason of which the action is brought. When, in a proceeding quo warranto by the attorney general or any prosecuting attorney, any corporation incorporated under the laws of this state is, on final hearing, found guilty of violating any of the provisions of this act, the court may

declare a forfeiture of all its rights, privileges and franchises to the state and may order the incorporation dissolved and appoint a trustee or trustees to wind up its affairs, as is provided in other cases in quo warranto (103 v. 425; 101 v. 275; 93 v. 114, sec. 2.)

Sec. 6400-1. Parties defendant; statute of limitation no bar to suit. In any action or proceeding in quo warranto, injunction, or otherwise brought by the attorney general or a prosecuting attorney under this chapter, all persons parties to or participating in the trust or conspiracy against trade violative of the provisions of this chapter, may be made parties defendant and summoned, whether they reside in the county where such action is instituted or not. Proceedings in quo warranto and in injunction may be instituted simultaneously, or while one or another of them is pending, such suits being started in the proper court as provided in this chapter, and no suit in injunction shall be a bar to a suit in quo warranto, nor shall a suit in quo warranto be a bar to one instituted to restrain and enjoin. No statute of limitation shall prevent or be a bar to any suit, or proceeding, for any violation hereafter committed of any provision of this chapter. (101 v. 276.)

Sec. 6401. Witness not excused from testifying.-If a court of record or in vacation a judge thereof, in which is pending a civil, criminal, or other action or proceeding brought or prosecuted by the attorney general or a prosecuting attorney for the violation of any provision of this chapter, or an action or proceeding for a violation of a law, common or statute, against a conspiracy or combination in restraint of trade, so orders, no person shall be excused from attending, testifying, or producing books, papers, schedules, contracts, agreements, or other documents in obedience to the subpoena or order of such court or a commissioner, referee, or master appointed by such court to take testimony, or a notary public or other person authorized by the laws of this state to take depositions, when the order made by such court or judge includes a witness whose deposition is being taken before such notary public or other officer, for the reason that the testimony or evidence required of him may tend to criminate him or subject him to a penalty; but no person shall be prosecuted or subjected to a penalty for or on account of a transaction, matter, or thing concerning which he may so testify or produce evidence, documentary or otherwise, before such court, person, or officer. (98 v. 313, sec. 6a.) Sec. 6402. Cumulative provisions.-The provisions of this chapter shall be cumulative of each other and of all other laws in any manner affecting them. (93 v. 145, sec. 9.)