Sec. 59-525. Contracts void.-All contracts or agreements made in violation of any of the provisions of the two next preceding sections shall be void. Sec. 59-526. Enforcement.-It shall be the duty of the county attorneys, in their counties, and the attorney general to enforce the provisions of this act. Sec. 59-527. Investigations-Revocation of charter.-If complaint shall be made to the attorney general that any corporation is guilty of unfair discrimination as defined by this act, he shall investigate such complaint and for that purpose he may subpoena witnesses, administer oaths, take testimony, and require the production of books and other documents, and, if in his opinion sufficient grounds exist therefor, he may prosecute an action in the name of the State of Nebraska in the proper court to annul the charter or revoke the permit of such corporation as the case may be, and to permanently enjoin such corporation from doing business in this State; and if in such action the court shall find that such corporation is guilty of unfair discrimination as defined by this article, such court shall annul the charter or revoke the permit of such corporation, and may permanently enjoin it from transacting business in this State. Sec. 59-528. Forfeiture of rights. If any corporation, foreign or domestic, authorized to do business in this State, is found guilty of unfair discrimination, such finding shall cause a forfeiture of all the privileges and rights conferred by the laws of this State upon corporations, and shall bar its right to do business in this State. Sec. 59-529. Ouster of corporation.-If any corporation, having been found guilty of a violation of any of the provisions of this act, shall continue or attempt to do business in this State, it shall be the duty of the attorney general, by a proper action in the name of the State of Nebraska, to oust such corporation from all business of every kind and character in this State. Sec. 59-530. Remedies cumulative.-Nothing in this article shall be construed as repealing any other law or part thereof not designated in section 9 of this act, but the remedies herein provided shall be cumulative to all other remedies provided by law not herein expressly repealed. Comp. Stat. (1929) Sec. 59-806. Predatory practices.-Every person, corporation, joint-stock company, or other association engaged in business within this State, who shall enter into any contract, combination, or conspiracy, or who shall give any direction or authority to do any act for the purpose of driving out of business any other person engaged therein, or who for such purpose shall in the course of such business sell 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 who shall sell any article upon a condition, contract, or understanding that it shall not be sold again by the purchaser, or restrain such sale by the purchaser, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments. (1905, p. 638; Ann. 12033; Comp. 6302f; R. S. 1913, 4050; C. S. 1922, 3453.)2 2. Special Prohibitory Laws Comp. Stat. (1929) Milk, Cream, Butterfat Sec. 59-509. Milk, cream, or butterfat, unfair discrimination in purchase, penalty.-Any person, firm, copartnership, association, or corporation, foreign or domestic, doing business in the State of Nebraska and engaged in the business of buying milk, cream, or butterfat, either through independent agents or by direct shippers for the purpose of manufacture or for the sale of such milk, cream, or butterfat, who shall discriminate between different sections, localities, communities, cities, or villages of this State by purchasing such commodities at a higher price or rate in one locality than is paid for the same commodity by said person, firm, copartnership, association, or corporation in another locality, after making due allowance for the difference, if any, the actual cost of transportation, by train, truck, or other carrier from the locality of such purchase to the locality of manufacture or the locality of the sale of such milk, cream, or butterfat, shall be deemed guilty of unfair discrimination, which is hereby prohibited and declared to be unlawful, and, upon conviction thereof shall be punished by a fine not exceeding one hundred dollars or imprisonment in the county jail not exceeding ninety days, or both, for the first offense and for the second and each subsequent offense not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months, or both: Provided, That it shall not be unfair discrimination for any person, firm, copartnership, association, or corporation to pay in any section, locality, community, city, or village of this state, a price equal to that actually paid on the same day by any bona fide competitor in such place, or its trade territory for milk, cream, or butterfat of the same kind and grade, if such price is 2 See MARKETING LAWS SUR.EY vol. State Antitrust Laws: Ġeneral Antitrust Laws. paid in a good faith effort to meet such competition, and the burden of proving such facts shall be upon the defendant. (1927, p. 59; 1929, p. 84.) 3 Comp. Stat. (Kyle, Supp. 1939) Sec. 59-1001. Unfair methods of competition, defined.-Unfair methods of competition and unfair acts in the buying of milk or cream on the basis of the butterfat contained therein by any person, firm, copartnership, corporation, or association, or agent of either, the effect or tendency of which is to destroy or substantially injure those engaged in the buying of milk, cream, or butterfat and/or the manufacture thereof, or create a monopoly, are hereby declared unlawful. That for the purpose and within the meaning of this act it shall be unlawful for any person, firm, copartnership, corporation, or association, or agent of either: (a) To give or to loan any person, firm, copartnership, corporation, or association any cream can, apparatus, or equipment for a cream station, or in any manner furnish the same to any person, firm, copartnership, corporation, or association for a consideration less than the fair market value thereof, or to furnish any person, firm, copartnership, corporation, or association money or credit with which to buy milk or cream on the basis of the amount of butterfat contained therein: Provided, That this act shall not be construed to prevent any person, firm, copartnership, corporation, or association from furnishing cream cans, apparatus, or equipment for a cream station or money or credit with which to buy milk or cream, on the basis of the amount of butterfat contained therein to its agents or employees. (b) To pay a higher price for milk or cream of the same quality which has been shipped by a producer to a cream station or buying station by common carrier or truck than is paid any producer who delivers his milk or cream to the door of such cream station or buying station: Provided, It shall not be considered an unfair practice for any person, firm, copartnership, corporation, or association engaged in the manufacture of milk and/or cream to pay a higher price for milk and/or cream of the same grade and quality shipped direct by a producer to place of manufacture. (c) To fail to pay or render in accordance with advertisement, statement broadcasted by radio, or holding out to the shipper or his representative the full price for dairy products purchased; to fail to deduct full transportation costs; to fail to deduct actual costs of hauling when such products are gathered by wagon or truck. (d) To make, cause, or permit to be made, broadcasted 'See MARKETING LAWS SURVEY VOLUME State Antitrust Laws: Special Antitrust Laws; Special Industry Antitrust Acts. by radio, or published any false or untrue statement of or concerning the business policies or methods of a competitor. (e) To pay or offer to pay in trade or in exchange for goods, wares, or merchandise a higher price for milk or cream than the cash price paid or offered to be paid for milk or cream. (f) To furnish free cans or dairy equipment to producers. (1931, p. 72.) Sec. 59-1002. Same; violation; penalty.-Any person, firm, copartnership, corporation, or association violating any provisions of this act (C. S. Supp., 1937, 59-1001 to 59-1003) shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) or be imprisoned in the county jail not exceeding six months. (1931, p. 73.) Sec. 59-1003. Same; validity clause. If any section, subdivision, sentence, or clause in this act shall, for any reason, be held unconstitutional or void, such decision shall not affect the validity of any other portion of this act (C. S. Supp. 1937, 59-1001 to 59–1003). (1931, p. 73.)* Comp. Stat. (Kyle, Supp. 1939) Motor Vehicle Dealers' Sec. 60-912. Same; denial or revocation of license, grounds, investigations by administrator.-The administrator [for the department of roads and irrigation] may, upon his own motion, and shall, upon sworn complaint in writing of any person, investigate the actions of any such person licensed as a motor vehicle dealer, used motor vehicle dealer, or motor-vehicle salesman and shall have power to deny any license or revoke any license issued under this act at any time when the dealer or salesman has been found guilty of any of the following: (a) Violation of any of the provisions of the laws of the State of Nebraska or of the United States of America as are now in force, or which may be later enacted, that pertain to fair or unfair trade practices generally. (b) Intentionally publishing advertising which is misleading or inaccurate in any material particular or in any way misrepresents any of the products or services of the business conducted. (c) Violation of or refusal to comply with any legal request or order of the administrator or department. 'See MARKETING LAWS SURVEY Volume State Antitrust Laws: Special Antitrust Laws; Special Industry Antitrust Acts. The provisions of the Motor Dealers License Act (Comp. Stat., Kyle, Supp. 1939, secs. 60-901 to 60--919) regulating and licensing the sale of motor vehicles, which prohibit price discriminations made with intent to substantially lessen competition, do not constitute the exercise of arbitrary powers or an interference with the rights of property or personal liberty guaranteed by the State and Federal Constitutions. Nelson v. Tilley, 289 N. W. 388 (1939). (d) Knowingly purchasing, selling, or dealing in stolen motor vehicles. (e) Failure to make or provide to the administrator or department all listings, notices or reports required by either under the laws of the State of Nebraska. (f) Proof of unfitness of licensee. (g) Material misstatement in application for license. (h) Wilfully defrauding any retail buyer, to the buyer's damage or any other person in the conduct of the licensee's business. (i) Wilfully discriminating, either directly or indirectly, in price between different purchasers of a commodity of like grade or quality where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly or to injure or destroy the business of a competitor. (j) Wilfully discriminating in favor of one purchaser against another purchaser of a motor vehicle by contracting to furnish or furnishing services or facilities or allowing such discounts or rebates in connection with the sale or offering for sale of such motor vehicle so purchased upon terms not accorded to all purchasers on proportionally equal terms. (k) Wilfully and habitually making excessive trade-in allowances on used motor vehicles for the purpose of lessening competition or destroying a competitor's business. (1) Wilful failure to perform any written agreement with any retail buyer. (m) Having made a fraudulent sale, transaction or repossession. (1937, p. 545.) Sec. 60-913. Same; survey may be made, when. For the purpose of determining whether or not an applicant for a license or a holder of a license has violated any of the provisions of this law with particular regard to price discrimination and excess allowances on used motor vehicles, the administrator may authorize or at the request of 40% of the licensed motor vehicle dealers in any county or section larger than a county of this State, shall authorize a survey to be made to determine a fair basis for allowances to be made for used cars in purchases thereof or exchanges for other new or used cars. Such survey, if made, shall be amended from time to time as market conditions change and copies of the survey and amendments thereto shall be made available to all licensed dealers and salesmen. Said survey shall serve as a guide and shall in no way be binding upon any licensed dealer or salesman except for the purposes stated hereinbefore in this act. (1937, p. 546.) * See MARKETING LAWS SURVEY volume State Antitrust Laws: Special Antitrust Laws; Special Industry Antitrust Acts. 210235°-40-vol. 2—18 |