South Carolina Code of Laws
Chapter 3 - Trusts, Monopolies And Restraints Of Trade
Section 39-3-320. Application for discovery.

Whenever the Attorney General has determined to commence an action or proceeding under any law relating to the prohibition or prevention of trusts, combinations or monopolies or against any corporation, foreign or domestic, for any violation of any law, he may present to any justice of the Supreme Court or any circuit judge, either before or after beginning such action or proceeding, an application in writing for an order directing the persons mentioned in the application to appear before a justice of the Supreme Court, a circuit judge or a referee designated in such order and answer such questions as may be put to them or to any of them and produce such papers, documents and books concerning any alleged illegal contract, arrangement, agreement, trust, monopoly or combination or corporate acts in violation of law. The application must show upon information and belief, or otherwise, that the testimony of such person is material and necessary.
HISTORY: 1962 Code Section 66-112; 1952 Code Section 66-112; 1942 Code Section 6632; 1932 Code Section 6640; Civ. C. '22 Section 3550; Civ. C. '12 Section 2457; 1902 (23) 1061.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 39 - Trade and Commerce

Chapter 3 - Trusts, Monopolies And Restraints Of Trade

Section 39-3-10. Arrangements, contracts, agreements, trusts, and combinations adversely affecting competition or price declared against public policy.

Section 39-3-20. Penalties for corporate violations of Section 39-3-10.

Section 39-3-30. Injured person may recover damages.

Section 39-3-40. Testimony may be compelled; immunity of witness.

Section 39-3-110. "Monopoly" defined.

Section 39-3-120. Monopolies declared unlawful.

Section 39-3-130. Agreement in restraint of trade shall be conspiracy to defraud.

Section 39-3-140. Agreements to limit competition, conspiracy to defraud.

Section 39-3-150. Conspiracy to form monopoly; exemptions for motor fuel sales to meet existing competition; records to support exemption.

Section 39-3-160. Forfeiture of corporate franchise.

Section 39-3-170. Disqualification of foreign corporation.

Section 39-3-180. Penalties.

Section 39-3-190. Enforcement by Attorney General and solicitors.

Section 39-3-200. Provisions of article are cumulative.

Section 39-3-310. Investigations by Attorney General; attendance of witnesses.

Section 39-3-320. Application for discovery.

Section 39-3-330. Issuance of order of discovery; form and service of order.

Section 39-3-340. Conduct of examination.

Section 39-3-350. Testimony may be compelled; immunity of witness.

Section 39-3-360. Powers of referee.

Section 39-3-510. Repeal of common-law rights in phonograph records after sale.