Title XXVI — TRADE AND COMMERCE

416.011. Title of act. — Sections 416.011 to 416.161 may be known and shall be cited as the "Missouri Antitrust Law". ­­-------- (L. 1974 S.B. 424)

416.021. Definitions. — Unless a different meaning is clearly indicated by the context, for the purposes of sections 416.011 to 416.161: (1) "Commodity" means any kind of real, personal or mixed property, but does not include the labor of a human being; (2) "Person" means any ind…

416.031. Restraint of trade prohibited. — 1. Every contract, combination or conspiracy in restraint of trade or commerce in this state is unlawful. 2. It is unlawful to monopolize, attempt to monopolize, or conspire to monopolize trade or commerce in this state. 3. It is unlawful…

416.041. Exempt organizations and activities. — 1. Nothing contained in the Missouri antitrust law shall be construed to forbid the existence or operation of: (1) Any labor organization instituted for the purpose of mutual help and not conducted for profit, or of individual membe…

416.051. Penalties — attorney general to prosecute — civil penalty for contempt. — 1. Any person who violates any of the provisions of subsection* 1 or 2 of section 416.031 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of up to fifty thousan…

416.061. Attorney general to prevent and restrain violations — consent judgments authorized. — 1. The several circuit courts of this state are invested with jurisdiction to prevent and restrain violations of section 416.031. 2. It shall be the duty of the attorney general to enfo…

416.071. Injunctive relief by circuit courts authorized. — 1. In addition to all other remedies provided by sections 416.011 to 416.161, the circuit courts of this state are invested with jurisdiction to grant such preliminary or permanent injunctive relief and to issue such temp…

416.081. Antitrust revolving fund — how used — source of funds. — 1. There is created a revolving fund for the office of the attorney general to be known as the "Antitrust Revolving Fund", which shall consist of money transferred by the general assembly of the state of Missouri f…

416.091. Documentary material, requirement to produce, demand for, how made, how served — returns, how verified — failure to comply, effect of. — 1. Whenever the attorney general has reason to believe that a person under investigation may be in possession, custody, or control of …

416.111. Refusal to testify prohibited — criminal immunity granted. — In any investigation or proceeding brought to enforce the provisions of sections 416.011 to 416.161, no individual shall be permitted to refuse to answer any question material to the matter in controversy or to…

416.121. Who may sue — prevailing plaintiff to be awarded attorney's fees and costs. — Any person, including the state, who is injured in his business or property by reason of anything forbidden or declared unlawful by sections 416.011 to 416.161 may sue therefor in any circuit c…

416.131. Venue of actions — actions to be brought within four years — involvement in interstate or foreign commerce, no defense. — 1. Any action or proceeding, civil or criminal, authorized by sections 416.011 to 416.161, shall be brought in the circuit court for the circuit in w…

416.141. How construed as to comparable federal acts. — Sections 416.011 to 416.161 shall be construed in harmony with ruling judicial interpretations of comparable federal antitrust statutes. ­­-------- (L. 1974 S.B. 424)

416.151. State's remedies to be cumulative — only one monetary recovery on any one act. — The remedies afforded the state under sections 416.011 to 416.161 shall be cumulative but the state shall not be permitted more than one recovery of monetary damages arising out of the same …

416.161. Severability clause. — If any provision of sections 416.011 to 416.161 is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of sections 416.011 to 416.161 and the applicability th…

416.410. Definitions. — As used in sections 416.410 to 416.560 the following terms are construed to have the following meanings, except in those instances where the context clearly indicates otherwise: (1) "Bulk milk", milk in bulk form, in cans, tank cars or tank trucks that is …

416.415. Selling or advertising milk at less than cost prohibited — evidence. — 1. No processor or distributor shall, with the intent or with the effect of unfairly diverting trade from a competitor, or of otherwise injuring a competitor, or of destroying competition, or of creat…

416.420. Discrimination in price between localities — evidence. — 1. No processor or distributor shall, with the intent or with the effect of unfairly diverting trade from a competitor, or of otherwise injuring a competitor, or of destroying competition, discriminate in price in …

416.425. Sales by retailers at less than cost — evidence. — 1. No nonprocessing retailer shall, with the intent or with the effect of unfairly diverting trade from a competitor, or otherwise injuring a competitor, or of destroying competition, or of creating a monopoly, advertise…

416.430. Sale by bulk milk handler at less than cost — evidence. — 1. No bulk milk handler shall, with the intent or with the effect of unfairly diverting trade from a competitor, or of otherwise injuring a competitor, or of destroying competition, or of creating a monopoly, adve…

416.435. Sales of milk in combination with other products at less than cost — evidence. — 1. No person shall, with the intent or with the effect of unfairly diverting trade from a competitor, or of otherwise injuring a competitor or of destroying competition, or of creating a mon…

416.440. Rebates, discounts, allowances or gifts by processor or distributor — exceptions — evidence. — 1. No milk processor or distributor shall, with the intent or with the effect of unfairly diverting trade from a competitor, or of otherwise injuring a competitor, or of destro…

416.445. Sales and advertisements exempt from law, when. — The provisions of sections 416.415 to 416.430 do not apply to advertisements, offers to sell or sales where: (1) The sales are made in an isolated transaction and not in the usual course of business; (2) The merchandise i…

[Repealed or reserved.]

416.455. Person injured by violation may intervene in or bring injunction action. — Any person who is injured in business or property by reason of another person's violation of any provision of sections 416.410 to 416.560 may intervene in the suit for injunction instituted pursua…

416.460. Rules, authority, promulgation, procedure. — The director is authorized and directed to promulgate rules and regulations to carry out the purposes of sections 416.410 to 416.560. No rule or portion of a rule promulgated under the authority of this chapter shall become ef…

416.465. Director may subpoena and swear witnesses — enforcement of subpoena. — 1. In making investigations pursuant to section 416.450, the director is authorized and empowered to administer oaths and to issue subpoenas for persons and pertinent operating records. In case of fai…

416.470. Director may employ auditing firm. — In examining books and records, the director has authority to employ any recognized accounting firm or cost finding organization. ­­-------- (L. 1959 H.B. 255 § 13)

416.475. Bond of complainant, liability. — 1. Upon the filing of the complaint with the director, the director shall require of the complainant, a bond in the sum of one thousand dollars to defray the expenses of the necessary investigation incident to the complaint. 2. In the ev…

416.480. Remedies exclusive. — The remedies provided for in sections 416.410 to 416.560 are exclusive and no criminal fines or penalties shall be imposed for violation of sections 416.410 to 416.560. ­­-------- (L. 1959 H.B. 255 § 15)

416.485. Actions barred, when. — Any action arising under sections 416.410 to 416.560, whether in law or equity, shall be commenced within two years after the right of action first accrues or is forever barred. ­­-------- (L. 1959 H.B. 255 § 16)

416.490. License required for manufacturer, processor or distributor, exception, expires when, fee — revocation, procedure — rules. — 1. It is unlawful for any person to operate a milk or milk products manufacturing or processing plant or to act as a distributor within this state…

416.495. Milk control fund, source and purpose. — 1. All moneys collected and received by the director, arising from any license fees established pursuant to sections 416.410 to 416.560, shall be paid into the state treasury and shall, by the state treasurer, be placed in a separ…

416.500. Nonresident manufacturers, processors and distributors to pay license fee. — Any person who acts as a distributor or who operates a milk or milk products manufacturing or processing plant located outside of this state and sells, offers for sale or distributes milk or mil…

416.505. Operation without license enjoined — "stop-sale" orders, issuance — appeal. — In any case where a person acts as a distributor or operates a milk processing plant within this state or such a plant located outside this state and is making sales within this state without h…

416.510. Nonresident subject to Missouri judicial process, when. — The performance of any act subject to the provisions of sections 416.410 to 416.560 by a person who is a nonresident of this state shall be deemed: (1) An agreement by him that he, his executor, administrator, suc…

416.515. Process, form. — All process in suits brought under the provisions of sections 416.410 to 416.560 shall be in form and substance the same as now provided for in suits against residents of this state. ­­-------- (L. 1959 H.B. 255 § 22)

416.520. Service of process, how made. — 1. Service of process in suits brought under the provisions of sections 416.410 to 416.560 shall be made by delivering a copy of the summons, with a copy of the petition attached, together with a remittance of two dollars, to the secretary…

416.525. Notice of service of process, form. — The notification provided for in section 416.520 shall be substantially in the following form, to wit: ­ ­ ­­-------- (L. 1959 H.B. 255 § 24)

416.530. Personal service authorized, how served. — In lieu of mailing the notification to the defendant in a foreign state, plaintiff may cause said notification to be personally served in the foreign state on the defendant by an adult person not a party to the suit by deliverin…

416.535. Proof of service by mailing. — Proof of the mailing or personal delivery of said notification to the nonresident by an adult person not an officer serving same shall be made by affidavit of the party doing said acts. All affidavits of service shall be endorsed upon or at…

416.540. Provisions for service on nonresidents in addition to other methods. — The foregoing provisions relative to service of process in suits against nonresidents shall not be deemed to prevent actual personal service in this state upon a nonresident in the time, manner, form,…

416.545. Venue of actions. — Except as otherwise provided under sections 416.450 and 416.455, any suit brought under the provisions of sections 416.410 to 416.560 shall be filed in the county in which the cause of action accrues or in the county where the plaintiff resides, and i…

416.550. Continuance of action as to nonresident. — The court in which the action is pending shall grant such continuance to a nonresident defendant as may be proper to afford him reasonable opportunity to defend the action. ­­-------- (L. 1959 H.B. 255 § 29)

416.555. Secretary of state to keep record of process. — It shall be the duty of the secretary of state to keep a record of all process served upon him, or his chief clerk, under the provisions of sections 416.410 to 416.560, which record will show the day and hour of service of …

416.560. Secretary of state's fee as costs. — The fee of two dollars paid by plaintiff to the secretary of state under section 416.520 at the time of service of the process shall be taxed as part of plaintiff's costs if he prevails in the action or proceeding. ­­-------- (L. 1959…

416.600. Citation of law. — Sections 416.600 to 416.640 may be known and shall be cited as the "Missouri Motor Fuel Marketing Act". ­­-------- (L. 1993 S.B. 374)

416.605. Definitions. — As used in sections 416.600 to 416.640, the following words and phrases mean: (1) "Affiliate", any person who, other than by means of franchise, is controlled by, or is under common control with, any other person, whether through stock ownership or otherwi…

416.610. Transfer prices, public disclosure required. — Each person engaged in commerce in motor fuel in this state is required to establish and publicly disclose upon request its transfer price on all grades of motor fuel transferred or sold to itself or an affiliate for resale …

416.615. Sale below cost or at lower price, prohibited when. — 1. It is unlawful for any person engaged in commerce within this state to sell or offer to sell motor fuel below cost as defined in subdivision (2) of section 416.605, if: (1) The intent of the sale or offer is to inj…