Title 51 — Sales and Exchanges
45 chapters · 316 sections in this title.
N.D.C.C. § 51-08.1-01 Definitions
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As used in this chapter: 1. "Person" means an individual, corporation, limited liability company, business trust, partnership, association, or any other legal entity. 2. "Relevant market" means the geographical area of actual or potential competition in a line of commerce, all or…
N.D.C.C. § 51-08.1-02 Contract, combination, or conspiracy to restrain or monopolize trade
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A contract, combination, or conspiracy between two or more persons in restraint of, or to monopolize, trade or commerce in a relevant market is unlawful.
N.D.C.C. § 51-08.1-03 Establishment, maintenance, or use of monopoly
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The establishment, maintenance, or use of a monopoly, or an attempt to establish a monopoly, of trade or commerce in a relevant market by any person, for the purpose of excluding competition or controlling, fixing, or maintaining prices, is unlawful.
N.D.C.C. § 51-08.1-04 Exclusions
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1. Labor of a human being is not a commodity or an article of commerce. 2. Nothing in this chapter forbids the existence and operation of any labor, agricultural, or horticultural organization instituted for the purpose of mutual help, while lawfully carrying out its legitimate o…
N.D.C.C. § 51-08.1-05 Judicial jurisdiction
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An action for violation of this chapter must be brought in district court.
N.D.C.C. § 51-08.1-06 Official investigation
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1. If the attorney general has reasonable cause to believe that a person has information or is in possession, custody, or control of any document or other tangible object relevant to an investigation for violation of this chapter, the attorney general may serve upon the person, b…
N.D.C.C. § 51-08.1-07 Civil penalty and injunctive enforcement by state
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The attorney general, or a state's attorney with the permission or at the request of the attorney general, may bring an action for appropriate injunctive relief, equitable relief, including disgorgement, and civil penalties in the name of the state for a violation of this chapter…
N.D.C.C. § 51-08.1-08 Damages and injunctive relief
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1. The state, a political subdivision, or any public agency threatened with injury or injured in its business or property by a violation of this chapter may bring an action for appropriate injunctive or other equitable relief, damages sustained and, as determined by the court, ta…
N.D.C.C. § 51-08.1-09 Judgment in favor of state as prima facie evidence
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A final judgment or decree determining that a person has violated this chapter in an action brought by the state under section 51-08.1-07 or under subsection 1 of section 51-08.1-08, other than a consent judgment or decree entered before any testimony has been taken, is prima fac…
N.D.C.C. § 51-08.1-10 Limitation of actions
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1. An action under section 51-08.1-07 to recover a civil penalty is barred if it is not commenced within four years after the claim for relief accrues. 2. An action under section 51-08.1-08 to recover damages is barred if it is not commenced within four years after the claim for …
N.D.C.C. § 51-08.1-11 Remedies cumulative
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The remedies provided in this chapter are cumulative.
N.D.C.C. § 51-08.1-12 Rights, privileges, and immunities
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Nothing in this chapter may be construed so as to abrogate an individual's constitutionally guaranteed rights, privileges, and immunities.