§ 4-75-502 - Purchase of commodities.
4-75-502. Purchase of commodities.
(a) Any person, firm, company, association, or corporation, foreign or domestic, doing business in the State of Arkansas and engaged in the business of buying milk, cream, butter, butter fat, poultry, eggs, grain, or cottonseed who, for the purpose of destroying or injuring the business of a competitor, shall discriminate between different sections, localities, communities, cities, or towns of this state by purchasing the commodity at a higher price or rate in one section, locality, community, city, or town than is paid for the same commodity by the person, firm, company, association, or corporation in another section, locality, community, city, or town, after making due allowance, if any, in the grade or quality of the commodity, and in the actual cost of transportation from the point of purchase to the point of manufacture, sale, or storage, shall be deemed guilty of unfair discrimination, which is prohibited and declared to be unlawful. However, the fact that any person, firm, company, association, or corporation purchases any of the above-mentioned commodities at a higher price or rate in the one section, locality, community, city, or town than is paid at the time for the same commodity by the same person, firm, company, association, or corporation in another section, locality, community, city, or town, after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point of purchase, sale, or storage, shall be prima facie evidence that the higher price or rate was paid for the purpose of destroying or injuring the business of a competitor and that the person, firm, company, association, or corporation is guilty of unfair discrimination.
(b) Any person, firm, company, association, or corporation who shall be convicted of unfair discrimination, as defined by this section, shall be fined for each offense not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000).
(c) (1) In addition thereto, any person, firm, company, association, or corporation so convicted shall be enjoined upon the application of the State of Arkansas or any person, firm, or corporation injured by the discrimination from engaging directly or indirectly in the business of purchasing in any such commodities.
(2) It is the duty of the Attorney General of the State of Arkansas, upon being informed that any person, firm, company, association, or corporation has been convicted of unfair discrimination as defined in this section, immediately to institute suit in the name of the State of Arkansas in any circuit court of this state where service may be had upon the defendant against the person, firm, company, association, or corporation to enjoin the person, firm, company, association, or corporation from engaging directly or indirectly in the business of buying any such commodities.
(3) Upon proof that any such person, firm, company, association, or corporation has been convicted of unfair discrimination, the court shall issue the injunction.