Louisiana. Statutory Language

Louisiana Statute 21-37

LOUISIANA STATUTE

LOUISIANA REVISED STATUTES ANNOTATED

TITLE 51, TRADE AND COMMERCE

Chapter 1

PART IV. MONOPOLIES

§ 121. Commerce defined

Commerce means trade or commerce within the geographic boundaries of this

state.

§ 122. Contracts, combinations and conspiracies in restraint of trade

illegal; penalty

A. Every contract, combination in the form of trust or otherwise, or

conspiracy, in restraint of trade or commerce in this state is illegal.

B. Whoever violates this Section shall be fined not more than five thousand

dollars, or imprisoned, with or without hard labor, not more than three years, or both.

C. For purposes of this Title, a parent corporation, limited liability company,

partnership, or partnership-in-commendam is not capable of conspiring with any

subsidiary that it controls, and each such controlled subsidiary is not capable of

conspiring with any other wholly owned subsidiary controlled by the same common

parent.

D. For the purposes of this Part only, an officer or employee of a legal entity

is not capable of conspiring with the legal entity or with another officer or employee

of the legal entity when they are acting on behalf of the entity.

§ 123. Monopolizing trade or commerce prohibited; penalty

No person shall monopolize, or attempt to monopolize, or combine, or conspire

with any other person to monopolize any part of the trade or commerce within this

state.

Whoever violates this Section shall be fined not more than five thousand dollars,

or imprisoned, with or without hard labor, not more than three years, or both.

§ 124. Competitor, agreements discriminating against; manuals

A. No person, engaged in commerce shall, in the course of such commerce,

lease, sell, or contract for the sale of goods, wares, merchandise, machinery, supplies,

or other commodities, whether patented or unpatented, for use, consumption, or

resale within this state, or fix a price, discount, or rebate on the condition, agreement,

or understanding that the purchaser or lessee shall not use or deal in the goods,

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wares, merchandise, machinery, or other commodities of a competitor of the vendor

or lessor, where the effect of the sale, contract for sale, or lease, or the condition,

agreement, or understanding is to substantially lessen competition or tends to create a

monopoly in any line of commerce.

B. No person engaged in commerce shall, in the course of such commerce in

connection with or pursuant to the sale of machines and equipment intended for

commercial use, refuse to furnish in connection with and as part of such sales,

manuals containing diagrams, instructions and parts lists sufficient to permit the user

of the machines and equipment to repair the machines and equipment where such

refusal compels the user to obtain repair services from the seller and tends to lessen

competition or create a monopoly in any line of commerce. This subsection shall in

no manner be applicable to machines and equipment sold for personal use.

C. Definitions. As u sed in this section:

(1) The term “personal use” shall include any goods, wares,

merchandise, machinery, equipment, supplies or other commodities sold primarily

for a personal, family or household use.

(2) The term “commercial use” shall include any goods, wares,

merchandise, machinery, equipment, supplies, or other commodities sold for the

exclusive use in and around an office, plant, factory, store, or any other commercial

establishment.

§ 125. Corporations; transactions lessening competition; exceptions

A. No corporation, engaged in commerce, shall acquire, directly or indirectly,

the whole or any part of the shares of another corporation, engaged in the same line

of commerce, where the effect of the acquisition:

(1) May be to substantially lessen competition between the corporation

whose stock is acquired and the corporation making the acquisition;

(2) May be to restrain commerce in any section or community; or

(3) Tends to create a monopoly in any line of commerce.

B. No corporation shall acquire, directly or indirectly, the whole or any part

of the shares of two or more corporations, engaged in the same line of commerce,

where the effect of the acquisition, or the use of the shares by voting or granting of

proxies, or otherwise:

(1) May be to substantially lessen competition between the

corporations, or any of them, whose shares are acquired;

(2) May be to restrain commerce in any section or community; or

(3) Tends to create a monopoly of any line of commerce.

C. Nothing in th is Section shall:

(1) Prohibit corporations from purchasing shares solely for investment,

and not using them by voting or otherwise to bring about, or in attempting to bring

about, the substantial lessening of competition;

(2) Prevent a corporation engaged in commerce from causing the

formation, holding, owning, and voting shares of subsidiary corporations for the

purpose of carrying on their immediate lawful business, or their natural and

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legitimate branches or extensions, when the effect of the formation is not to

substantially lessen competition;

(3) Prohibit any common carrier from aiding in the construction of

branches or short lines so located as to become feeders to the lines of the company

aiding in the construction, or from acquiring or owning all or any part of the shares

of the branch lines;

(4) Prevent any common carrier from acquiring or owning all or any

part of the shares of a branch or short line constructed by an independent company

where there is no substantial competition between the company owning the branch

line and the company owning the main line acquiring the property or an interest

therein; nor

(5) Prevent a common carrier from extending any of its lines through

the medium of the acquisition of shares, or otherwise, of any other common carrier

where there is no substantial competition between the company extending its lines

and the company whose shares, property, or interest are acquired.

§ 126. Corporation’s violation attributable to officers, directors and

agents responsible; penalty

Whenever a corporation violates any of the penal provisions of this Part the

violation shall also be that of the individual officers, directors, or agents of the

corporation who authorized, ordered, or did any of the acts constituting in whole or

in part a violation.

Whoever violates this Section shall be fined not more than five thousand dollars,

or imprisoned, with or without hard labor, not more than three years, or both.

§ 127. Idle manufacturing plants; presumption of violation;

receivership; sale or lease

Whenever in any suit on behalf of the state it appears to the court, by affidavit or

otherwise, either in limine or upon trial, that any manufacturing plant has been closed

and kept idle for more than one year, it shall be presumed that such manufacturing

plant was closed and kept idle for the purpose of violating this Part. The court shall

receive and consider any and all evidence, whether by affidavit or otherwise, which

may rebut this presumption. In computing the one year period, any plant is idle

which has not been operating bona fide.

If the court finds that the facts do not fairly rebut the presumption, it shall issue

an order to the owner to sell the plant to bona fide third parties, within a delay fixed

by the court, not to exceed six months from the date of the order. If, at the expiration

of that time, the plant is not sold, the court shall appoint a receiver to take possession,

under bond, and the receiver may sell, lease, or dispose of the plant under the

directions of the court, within twelve months of the order appointing him.

No sale or lease shall be made to any individual who has been connected with

the management of the plant, or to any corporation or firm composed in whole or in

part of such individuals. No corporation shall buy or lease the plant if more than