50-101. Trusts defined and declared unlawful and void.

50-101

Chapter 50.--UNFAIR TRADE AND CONSUMER PROTECTION
Article 1.--RESTRAINT OF TRADE

      50-101.   Trusts defined and declared unlawful and void.A trust is a combination of capital, skill, or acts, by two or morepersons, for either, any or all of the following purposes:

      First. To create or carry out restrictions in trade or commerce, oraids to commerce, or to carry out restrictions in the full and free pursuitof any business authorized or permitted by the laws of this state.

      Second. To increase or reduce the price of merchandise, produce orcommodities, or to control the cost or rates of insurance.

      Third. To prevent competition in the manufacture, making,transportation, sale or purchase of merchandise, produce or commodities, orto prevent competition in aids to commerce.

      Fourth. To fix any standard or figure, whereby suchperson's price to thepublic shall be, in any manner, controlled or established, any article orcommodity of merchandise, produce or commerce intended for sale, use orconsumption in this state.

      Fifth. To make or enter into, or execute or carry out, anycontract, obligation or agreement of any kind or description by which suchperson shall: (a) Bind or have to bind themselves not tosell, manufacture, dispose ofor transport any article or commodity, or article of trade, use,merchandise, commerce or consumption below a common standard figure;

      (b)   agree in any manner to keep the price of such article,commodity or transportation at a fixed or graded figure;

      (c)   in any manner establish or settle the price of any article orcommodity or transportation between them or themselves and others topreclude a free and unrestricted competition among themselves or others intransportation, sale or manufacture of any such article or commodity; or

      (d)   agree to pool, combine or unite any interest they may havein connection with the manufacture, sale or transportation of any sucharticle or commodity, that such person's price inanymanner is affected. Anysuch combinations are hereby declared to be against public policy, unlawfuland void.

      History:   L. 1897, ch. 265, § 1;R.S. 1923, 50-101;L. 2000, ch. 136, § 4; July 1.