Nebraska. Statutory Language

Nebraska Statute 30-35

NEBRASKA STATUTE

JUNKIN ACT

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. §§ 59-801 to 59-831

§ 59-801. Restraint of trade or commerce; unlawful; penalty

Every contract, combination in the form of trust or otherwise, or conspiracy in

restraint of trade or commerce, within this state, is hereby declared to be illegal.

Every person who shall make any such contract or engage in any such combination

or conspiracy shall be deemed guilty of a Class IV felony.

§ 59-802. Monopolizing trade or commerce; unlawful; penalty

Every person who shall monopolize, or attempt to monopolize, or combine or

conspire with any other person or persons, to monopolize any part of the trade or

commerce, within this state, shall be deemed guilty of a Class IV felony.

§ 59-803. Violation; property under contract forfeited

Any property owned under any contract or by any combination, or pursuant to

any conspiracy, and being the subject thereof, mentioned in sections 59-801 and

59-802, shall be forfeited to the state.

§ 59-804. Business of corporations, other associations; conduct;

investigation by attorney general; powers

The attorney general of this state may at any time require of any corporation,

joint-stock company, limited liability company, or other association engaged in

business within this state, any statement he or she may think fit in regard to the

conduct of its business. He or she may especially require any such corporation, joint-

stock company, limited liability company, or other association to give a list of all

contracts or transactions entered into within the twelve months preceding such

requisition in which it has sold any article or product or carried any article or product

within this state at a rate less than the ordinary market price if such article or product

has been sold or carried by any other person than the party to such transaction. He or

she may further require the reasons for such distinction and the circumstances

attending the same.

§ 59-805. Restraint of trade; underselling; penalty

Every person, corporation, joint-stock company, limited liability company, or

other association engaged in business within this state which enters into any contract,

combination, or conspiracy or which gives any direction or authority to do any act

for the purpose of driving out of business any other person engaged therein or which

Nebraska Statute 30-36

for such purpose in the course of such business sells any article or product at less

than its fair market value or at a less price than it is accustomed to demand or receive

therefore in any other place under like conditions or which sells any article upon a

condition, contract, or understanding that it shall not be sold again by the purchaser

or restrains such sale by the purchaser shall be deemed guilty of a Class IV felony.

§ 59-806. Holding companies; when unlawful

No corporation, joint-stock company, limited liability company, or other

association shall engage in business within this state, a majority of whose stock is

owned by or controlled or held in trust for any manufacturing or other corporation,

which, in the course of its manufacture or production, conducts its business, or any

part thereof, in a manner which would be prohibited by sections 59-801 to 59-831 if

it were so conducted in the course of such business within this state.

§ 59-807. Books of record and papers; inspection by attorney general

All the books of record and papers of every such corporation, joint-stock

company, limited liability company, or other association engaged in business within

this state shall be subject to inspection by the attorney general of this state or by any

agent he or she may designate for that purpose, and such corporation, joint-stock

company, limited liability company, or other association shall, at such times as he or

she shall prescribe, make such further returns, verified as aforesaid as shall be by him

or her prescribed, either by general regulations or by special direction.

§ 59-808. Prohibited acts

Any president, director, treasurer, officer, corporation, partner, member,

associate, or agent of such corporation, joint-stock company, limited liability

company, or other association who does in its behalf anything prohibited by sections

59-801 to 59-831 or who supports, votes for, aids and abets, or takes part in doing

such action by the corporation, joint-stock company, limited liability company, or

other association, or any instrumentality thereof, shall be liable to the penalties by

law provided.

§ 59-809. Violation; ouster

No corporation, joint-stock company, limited liability company, or other

association which manufactures or produces any article for sale or transportation

within this state and which does any of the acts or things prohibited to be done by

sections 59-801 to 59-831 shall engage in business within this state.

§ 59-810. Second or subsequent violations; ouster; injunction

Any corporation, joint-stock company, limited liability company, or other

association which has been once adjudged to have violated the provisions of sections