51-09 Unfair Discrimination
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<![CDATA[CHAPTER 51-09UNFAIR DISCRIMINATION51-09-01. Unfair discrimination in purchase and sale of commodities. Any person,firm, company, association, corporation, or limited liability company, foreign or domestic, doing<br>business in this state and engaged in the production, manufacture, or distribution of any<br>commodity in general use, that, for the purpose of destroying the business of a competitor in any<br>locality, intentionally shall discriminate between different sections, communities, or cities of this<br>state by selling such commodity at a lower rate in one section, community, or city than is charged<br>therefor by said party in another section, community, or city, after making due allowance for the<br>difference, if any, in the grade or quality and in the actual cost of transportation from the point of<br>production, if a raw product, or from the point of manufacture, if a manufactured product, is guilty<br>of unfair discrimination.51-09-02. Penalty for unfair discrimination. Any person violating any of the provisionsof section 51-09-01 is guilty of a class A misdemeanor.51-09-03.Contracts made in violation of chapter are void.All contracts oragreements made in violation of any of the provisions of this chapter are void.51-09-04.Authority of attorney general to investigate and prosecute unfairdiscrimination when complaint is made. If a complaint is made to the attorney general that<br>any person is guilty of unfair discrimination committed for any of the purposes enumerated in<br>section 51-09-01, the attorney general shall investigate the matter complained of, and for that<br>purpose the attorney general may subpoena witnesses, administer oaths, take testimony, and<br>require the production of books or other documents belonging to the person complained against.<br>If, in the attorney general's opinion, sufficient grounds exist therefor, the attorney general shall<br>prosecute an action in the name of the state of North Dakota to annul the charter, if the person<br>complained against is a corporation or limited liability company, or to revoke the permit or license<br>of the person complained against.51-09-05. Duty of attorney general to bring action to prevent corporation or limitedliability company from doing business if the charter or permit canceled. If any domestic<br>corporation or limited liability company the charter of which has been canceled, or any foreign<br>corporation or limited liability company the permit of which has been revoked, shall continue or<br>attempt to do business in this state, the attorney general, by appropriate action, shall prevent<br>such corporation or limited liability company from doing any and all business of any kind or<br>character within this state.51-09-06.Complaint to secretary of state of violation of chapter - Referringcomplaint to attorney general.If a complaint is made to the secretary of state that anycorporation or limited liability company authorized to do business in this state is guilty of unfair<br>discrimination within the provisions of this chapter, the secretary of state shall refer the matter to<br>the attorney general, who, if the facts justify it in the attorney general's judgment, may institute<br>proceedings against such corporation or limited liability company.Page No. 1Document Outlinechapter 51-09 unfair discrimination]]>