Tennessee. Statutory Language

Tennessee Statute 46-77

TENNESSEE STATUTE

TENNESSEE TRADE PRACTICES ACT

47-25-101. Trusts, etc., lessening competition or controlling prices unlawful

and void

All arrangements, contracts, agreements, trusts, or combinations between

persons or corporations made with a view to lessen, or which tend to lessen, full and

free competition in the importation or sale of articles imported into this state, or in

the manufacture or sale of articles of domestic growth or of domestic raw material,

and all arrangements, contracts, agreements, trusts, or combinations between persons

or corporations designed, or which tend, to advance, reduce, or control the price or

the cost to the producer or the consumer of any such product or article, are declared

to be against public policy, unlawful, and void.

47-25-102. Price fixing agreements unlawful and void

Any arrangements, contracts, and agreements that may be made by any

corporation or person, or by and between its agents and subagents, to sell and market

its products and articles, manufactured in this state, or imported into this state, to any

producer or consumer at prices reduced below the cost of production or importation

into this state, including the cost of marketing, and a reasonable and just marginal

profit, to cover wages or management, and necessary incidentals, as is observed in

the usual course of general business, and the continuance of such practice under such

contracts and arrangements for an unreasonable length of time, to the injury of full

and free competition, or any other arrangements, contracts, or agreements, by and

between its agents and subagents, which tend to lessen full and free competition in

the sale of all such articles manufactured and imported into the state, and which

amount to a subterfuge for the purpose of obtaining the same advantage and purposes

are declared to be against public policy, unlawful, and void.

47-25-103. Criminal penalties for violation of §§ 47-25-101, 47-25-102 –

prosecution

(a) Any violation of the provisions of either of § 47-25-101 or § 47-25-102 is

declared to be destructive of full and free competition and a conspiracy against trade,

and any person who engages in any such conspiracy or who, as principal, manager,

director, or agent, or in any other capacity, knowingly carries out any of the

stipulations, purposes, prices, rates, or orders made in furtherance of such conspiracy,

commits a Class E felony.

(b) Any violation of the provisions of § 47-25-101 or § 47-25-102 by a

corporation shall upon conviction be punished by a fine not exceeding one million

dollars ($1,000,000).

(c) The attorney general and reporter has the power to institute criminal

proceedings against persons and corporations for violations of the provisions of § 47-