South Dakota Codified Laws
Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices
Section 37-1-3.1 - Combinations in restraint of trade unlawful--Entities subject to prohibition.

37-1-3.1. Combinations in restraint of trade unlawful--Entities subject to prohibition.
A contract, combination, or conspiracy between two or more persons in restraint of trade or commerce any part of which is within this state is unlawful.
A person is any natural person, partnership, limited liability company, corporation, association, or other legal entity.

Source: SL 1977, ch 305, §1; SL 1994, ch 351, §82.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 37 - Trade Regulation

Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices

Section 37-1-3.1 - Combinations in restraint of trade unlawful--Entities subject to prohibition.

Section 37-1-3.2 - Monopolies and attempts to monopolize unlawful.

Section 37-1-3.3 - Monopoly or restraint of trade as felony.

Section 37-1-3.4 - Labor not an article of commerce--Labor and agricultural organizations permitted.

Section 37-1-3.5 - Regulated utility services exempt.

Section 37-1-4 - Discriminating between localities in selling as unfair discrimination.

Section 37-1-5 - Discriminating between localities in buying as unfair discrimination.

Section 37-1-6 - Price differential to meet competition in buying permitted.

Section 37-1-7 - Unlawful discrimination in buying or selling as felony.

Section 37-1-8 - Fraudulent statements to affect market price as felony.

Section 37-1-10 - Criminal prosecution by state's attorney on violation--Assistance by attorney general.

Section 37-1-11 - Criminal proceedings instituted by attorney general.

Section 37-1-11.1 - Demand by attorney general to produce evidence relating to violations--Service--Contents.

Section 37-1-11.2 - Petition for enforcement of attorney general's demand--Court order--Protective provisions.

Section 37-1-11.3 - Confidentiality of evidence produced on demand--Waiver.

Section 37-1-11.4 - Self-incriminating evidence required on promise of immunity.

Section 37-1-14.1 - Venue of actions for violation.

Section 37-1-14.2 - Actions on behalf of state for equitable relief and civil penalties--Amount of penalty.

Section 37-1-14.3 - Action by public or private party for equitable relief or damages--Treble damages.

Section 37-1-14.4 - Limitation of actions for violations.

Section 37-1-16.1 - Judgment in action by state as prima facie evidence in later actions.

Section 37-1-18 - Failure to attend or produce evidence as contempt.

Section 37-1-20 - Remedies cumulative.

Section 37-1-22 - Judicial interpretations of similar statutes as guide.

Section 37-1-23 - Action by state as parens patriae--Circuit court jurisdiction--Monetary relief.

Section 37-1-24 - Treble damages and cost of suit as measure of monetary relief.

Section 37-1-25 - Exclusions in determining amount of monetary relief.

Section 37-1-26 - Proof of damages--Assessment in aggregate.

Section 37-1-27 - Notice--Manner of giving.

Section 37-1-28 - Election by injured person to exclude claim from state action for monetary relief--Notice.

Section 37-1-29 - Judgment as res judicata.

Section 37-1-30 - Dismissal or compromise--Approval of court required--Notice.

Section 37-1-31 - Distribution of award of monetary relief--Treatment as civil penalty to be deposited in special revenue fund.

Section 37-1-32 - Attorney general's powers--Common law powers not derogated.