South Dakota. Statutory Language

South Dakota Statute 45-13
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.
. §§ 37-1-3.1 to 37-1-33
§ 37-1-3.1. Combinations in restraint of trade unlawful – entities subject to
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.

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