South Dakota. Statutory Language

South Dakota Statute 45-13

SOUTH DAKOTA STATUTE

SOUTH DAKOTA CONSTITUTION

Art. XVII § 20. Monopolies and trusts prohibited

Monopolies and trusts shall never be allowed in this state and no incorporated

company, copartnership or association of persons in this state shall directly or indirectly

combine or make any contract with any incorporated company, foreign or domestic,

through their stockholders or the trustees or assigns of such stockholders, or with any

copartnership or association of persons, or in any manner whatever to fix the prices,

limit the production or regulate the transportation of any product or commodity so as to

prevent competition in such prices, production or transportation or to establish excessive

prices therefor.

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. §§ 37-1-3.1 to 37-1-33

§ 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.

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

The monopolization by any person, or an attempt to monopolize, or combine, or

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

within this state shall be unlawful.

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

Any person violating any of the provisions of § 37-1-3.1 or 37-1-3.2 is guilty of a

Class 6 felony.

§ 37-1-3.4. Labor not an article of commerce – labor and agricultural

organizations permitted

Labor of a human being shall not be considered a commodity or an article of

commerce. Nothing in this chapter shall be construed to forbid the existence and

operation of any labor, agricultural, or horticultural organization instituted for the

purpose of mutual help, while lawfully carrying out its legitimate objects.