Alabama. Statutory Language

Alabama Statute 2-49

ALABAMA STATUTE

PRINCIPAL ANTITRUST PROVISIONS

ALA. CODE §§ 8-10-1 to 8-10-3

§ 8-10-1. Entering combination, pool, etc., to fix price or limit quantity of

commodity

Any person or corporation who engages or agrees with other persons or

corporations or enters, directly or indirectly, into any combination, pool, trust, or

confederation to regulate or fix the price of any article or commodity to be sold or

produced within this state or any person or corporation who enters into, becomes a

member of or party to any pool agreement, combination, or confederation to fix or

limit the quantity of any article or commodity to be produced, manufactured, mined,

or sold in this state must be fined, on conviction, not less than $500 nor more than

$2,000.

§ 8-10-2. Entering combination to control management of corporation

with intent to fix price, diminish production, etc.

Any corporation chartered under the laws of this state or any officer,

stockholder, agent, or employee of any such corporation which enters into any

combination with any other corporation or person with the intent to place the

management or control of any such corporation in the hands of another corporation

or person and thereby limit or fix the price, restrict or diminish the production,

manufacture, sale, use, or consumption of any article of commerce must be fined, on

conviction, not less than $500 nor more than $2,000.

§ 8-10-3. Restraining trade or production, monopolizing commodities or

business, destruction of competition, etc.

Any person or corporation, domestic or foreign, which shall restrain, or attempt

to restrain, the freedom of trade or production, or which shall monopolize, or attempt

to monopolize, the production, control, or sale of any commodity or the prosecution,

management, or control of any kind, class, or description of business or which shall

destroy, or attempt to destroy, competition in the manufacture or sale of a commodity

shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than

$500 nor more than $2,000 for each offense.

Alabama Statute 2-50

TRUSTS, COMBINES OR MONOPOLIES

§ 6-5-60. By whom and against whom action may be commenced; venue

(a) Any person, firm, or corporation injured or damaged by an unlawful trust,

combine or monopoly, or its effect, direct or indirect, may, in each instance of such

injury or damage, recover the sum of $500 and all actual damages from any person,

firm, or corporation creating, operating, aiding, or abetting such trust, combine, or

monopoly and may commence the action therefor against any one or more of the

parties to the trust, combine, or monopoly, or their attorneys, officers or agents, who

aid or abet such trust, combine, or monopoly. All such actions may be prosecuted to

final judgment against any one or more of the defendants thereto, notwithstanding

there may be a dismissal, acquittal, verdict, or judgment in favor of one or more of

the defendants.

(b) Actions under this section may be commenced in any county where the

trust, combine, or monopoly was formed or where it exists or is carried on, promoted,

operated, practiced, employed, used, or enjoyed, or in any county in which either of

the defendants may have a domicile or where an officer or agent of any defendant

corporation may be found.

COVENANTS NOT TO COMPETE

§ 8-1-1. Contracts restraining business void; exceptions

(a) Every contract by which anyone is restrained from exercising a lawful

profession, trade, or business of any kind otherwise than is provided by this section is

to that extent void.

(b) One who sells the good will of a business may agree with the buyer and

one who is employed as an agent, servant or employee may agree with his employer

to refrain from carrying on or engaging in a similar business and from soliciting old

customers of such employer within a specified county, city, or part thereof so long as

the buyer, or any person deriving title to the good will from him, or employer carries

on a like business therein.

(c) Upon or in anticipation of a dissolution of the partnership, partners may

agree that none of them will carry on a similar business within the same county, city

or town, or within a specified part thereof, where the partnership business has been

transacted.