Subdivision 1. Discrimination between localities. Any person, firm, company, association, or corporation, foreign or domestic, doing business in this state and engaged in the production, manufacture, or distribution of petroleum or any of its products that shall intentionally, or otherwise, for the purpose of destroying the business of a competitor or creating a monopoly in any locality, discriminate between different sections, communities, or cities of this state, by selling such commodity at a lower rate in one section, community, or city than is charged for such commodity by such party in another section, community, or city after making due allowance for the difference, if any, in the test or quality and in the actual cost of transportation from the point of production, if a raw product, or from the point of manufacture, if a manufactured product, shall be deemed guilty of unfair discrimination, which is hereby prohibited and declared to be unlawful.
Subd. 2. Penalty. Any person, firm, company, association, or corporation violating any of the provisions of subdivision 1, and any officer, agent, or receiver of any firm, company, association, or corporation, or any member of the same, or any individual found guilty of violation thereof, shall be guilty of a gross misdemeanor, and shall be fined not more than $3,000, or be imprisoned in the county jail for not to exceed one year, or both.
Subd. 3. Contracts void; recovery. All contracts or agreements made in violation of any provisions of subdivisions 1 and 2 shall be void and any money or property paid or transferred for any such commodity under any such agreement shall be paid back within ten days after demand therefor, and on failure to so repay, then the purchasers may recover back, in a civil action, any such money or property, together with reasonable attorneys' fees not less than $25.
Subd. 4. Duty of county attorney. It shall be the duty of the county attorneys in their counties, and the attorney general, to enforce the provisions of subdivisions 1 to 3 by appropriate actions in courts of competent jurisdictions.
Subd. 5. Duty of attorney general. If complaint shall be made that any corporation authorized to do business in this state is guilty of unfair discrimination, within the terms of subdivisions 1 to 8, it shall be the duty of the attorney general to review the complaint and if the facts justify it in the attorney general's judgment, institute proceedings in the courts against such corporation.
Subd. 6. Revocation of permit. If any corporation, foreign or domestic, authorized to do business in this state, is found guilty of unfair discrimination, within the terms of subdivisions 1 to 8, it shall be the duty of the attorney general to request the secretary of state to immediately revoke the permit of such corporation to do business in this state.
Subd. 7. Continuance in business; ouster. If after the revocation of its permit, such corporation or any other corporation (not having a permit and found guilty of having violated any of the provisions of subdivisions 1 to 8) shall continue or attempt to do business in this state, it shall be the duty of the attorney general, by a proper suit in the name of the state of Minnesota, to oust such corporation from all business of every kind and character in the state.
Subd. 8. Remedies cumulative. Nothing in subdivisions 1 to 8 shall be construed as repealing any other act, or part of an act, but the remedies herein provided shall be cumulative to all other remedies by law.
(10474-10481) 1907 c 269 s 1-8; 1984 c 618 s 34,35; 1984 c 628 art 3 s 11; 1986 c 444
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 325D — Restraint Of Trade
Section 325D.01 — Definitions.
Section 325D.02 — Application.
Section 325D.03 — Discrimination Unlawful.
Section 325D.04 — Selling Below Cost Forbidden.
Section 325D.05 — Bankrupt Sales Not To Be Considered In Fixing Costs.
Section 325D.06 — Inapplicable Sales.
Section 325D.07 — Remedies Cumulative.
Section 325D.071 — Violations; Penalties.
Section 325D.072 — Injunctive Relief.
Section 325D.09 — Unlawful Trade Practices.
Section 325D.10 — Definitions.
Section 325D.11 — Certain Unlawful Trade Practices.
Section 325D.12 — Retailers Not To Misrepresent Nature Of Business.
Section 325D.13 — Quality, Misrepresented.
Section 325D.14 — Employer Not To Dispose Of Other Than Own Products.
Section 325D.15 — Violations; Restraining Orders.
Section 325D.16 — Application.
Section 325D.30 — Minnesota Unfair Cigarette Sales Act; Findings And Policy.
Section 325D.32 — Definitions.
Section 325D.33 — Sales At Less Than Cost; Penalty.
Section 325D.34 — Combination Sales.
Section 325D.35 — Sales By A Wholesaler To A Wholesaler.
Section 325D.36 — Sales Exceptions.
Section 325D.37 — Transactions Permitted To Meet Lawful Competition.
Section 325D.371 — Publication Of Cigarette Prices.
Section 325D.38 — Admissible Evidence.
Section 325D.39 — Sales Outside Ordinary Channels Of Business; Effect.
Section 325D.405 — Investigations.
Section 325D.415 — Cigarette Distributor Fees.
Section 325D.42 — Partial Unconstitutionality.
Section 325D.421 — Unlawful Cigarette Trade Practices.
Section 325D.43 — Definitions.
Section 325D.44 — Deceptive Trade Practices.
Section 325D.46 — Application.
Section 325D.47 — Uniformity Of Application And Construction.
Section 325D.50 — Definitions.
Section 325D.51 — Unreasonable Restraint Of Trade Or Commerce.
Section 325D.52 — Establishment, Maintenance, Or Use Of Monopoly Power.
Section 325D.53 — Prohibited Contracts, Combinations, And Conspiracies.
Section 325D.54 — Scope Of Act.
Section 325D.56 — Penalties For Violation.
Section 325D.58 — Injunctive Relief.
Section 325D.59 — Authority Of The Attorney General.
Section 325D.60 — Forfeiture Of Charter Rights And Privilege To Do Business.
Section 325D.62 — Judgment In Favor Of State As Prima Facie Evidence.
Section 325D.63 — Notification Of Civil Action.
Section 325D.64 — Statute Of Limitations.
Section 325D.66 — Action Not Barred As Affecting Or Involving Interstate Or Foreign Commerce.
Section 325D.68 — Monopolization Of Food Products.
Section 325D.71 — Unlawful Gasoline Sales.
Section 325D.72 — Bad Faith Assertions Of Patent Infringement.