Wyoming. Statutory Language

Wyoming Statute 55-25

WYOMING STATUTE

WYOMING CONSTITUTION

Art. 1, § 30. Monopolies and perpetuities prohibited

Perpetuities and monopolies are contrary to the genius of a free state, and shall

not be allowed. Corporations being creatures of the state, endowed for the public

good with a portion of its sovereign powers, must be subject to its control.

Art. 10, § 8. Trusts prohibited

There shall be no consolidation or combination of corporations of any kind

whatever to prevent competition, to control or influence productions or prices

thereof, or in any other manner to interfere with the public good and general welfare.

WYOMING ANTITRUST LAWS

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. §§ 40-4-101 to 40-4-123

§ 40-4-101. What constitutes unfair discrimination; penalty; exceptions

(a) Any person, firm or corporation, foreign or domestic, or other entity doing

business in the state of Wyoming and engaged in the production, manufacture, sale

or distribution of any commodity in general use, shall not:

(i) Make, enter into, form or become a party to any plan, contract,

agreement, consolidation, merger or combination of any kind whatsoever to prevent

competition or to control or influence production or prices thereof;

(ii) and (iii) Repealed by Laws 2009, ch. 172, § 2

(b) Any person, firm or corporation or other entity violating subsection (a) of

this section is guilty of unfair discrimination and any agreement, contract, whether

express or implied, or any provision of an agreement or contract violating subsection

(a) of this section is illegal and void to the extent it violates subsection (a) of this

section.

(c) This chapter shall not:

(i) and (ii) Repealed by Laws 2009, ch. 172, § 2.

(iii) Prevent the sale of goods at commercial discounts customary in the

sale of the goods;

(iv) Prohibit cooperative agreements for antitrust exceptions approved

and operating pursuant to W.S. 35-24-101 through 35-24-116.

(v) Prohibit the development, agreement on and use of standards

designed to permit or encourage competition or interoperability among products or

services, provided the standards do not include provisions fixing or colluding on the

prices or colluding to prevent competition by limiting the availability of the products

or services;

Wyoming Statute 55-26

(vi) Prohibit any person, firm, corporation or other entity from entering

into any agreement or contract with a customer which specifies the price charged, or

the services furnished, to the customer, or which gives discounts or additional

services to the customer for purchasing specified volumes or multiple products of the

same or similar product or service; or

(vii) Prohibit any person, firm, corporation or other entity from offering

a customer loyalty program.

(d) As used in this chapter “this act” means W.S. 40-4-101 through 40-4-105,

40-4-107, 40-4-109, 40-4-110 and 40-4-114.

§ 40-4-102. Duty of attorney general and county attorney upon complaint

If complaint shall be made to the attorney general of the state of Wyoming, or

the county attorney of any county thereof, that any corporation, chartered in this state

or any foreign corporation, doing business in this state by virtue of compliance with

the laws thereof, or any person or firm of persons doing business in this state, is

guilty of unfair discrimination, within the terms of this act [§§ 40-4-101 through

40-4-105], it shall be the duty of the attorney general, and the county attorneys of this

state to institute an inquiry as to such discrimination, giving to the party complained

against notice and reasonable opportunity to be heard, and if in the judgment of such

prosecuting officers, or either of them, any corporation, foreign or domestic, or any

person or firm of persons shall have been guilty of unfair discrimination, within the

terms of this act, it shall be their duty to institute quo warranto proceeding, to forfeit

the charter of said domestic corporation, or if a foreign corporation to procure an

order of court to cause the permit of said corporation to do business in this state,

immediately forfeited.

§ 40-4-103. Ouster of corporation for doing business after revocation of

charter or permit

If after the revocation of such charter, in the case of domestic corporation; or if

its permit, if it be a foreign corporation, any corporation shall continue or attempt to

do business in the state of Wyoming, it shall be the duty of the attorney general, by a

proper suit, in the name of the state of Wyoming to oust such corporation from all

business of every kind and character in said state of Wyoming.

§ 40-4-104. Penalty for violation of provisions

Any person, firm or corporation violating any of the provisions of this chapter

shall be fined in any sum not more than five thousand dollars ($5,000.00), or by

imprisonment in the county jail not exceeding one (1) year, or both such fine and

imprisonment.