Bill Text: MS SB2365 | 2016 | Regular Session | Introduced
Bill Title: Business combination; revise.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [SB2365 Detail]
Download: Mississippi-2016-SB2365-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Business and Financial Institutions
By: Senator(s) Hopson
Senate Bill 2365
AN ACT TO AMEND SECTION 75-21-3, MISSISSIPPI CODE OF 1972, TO MAKE TECHNICAL AMENDMENTS TO THE PROVISION OF LAW GOVERNING BUSINESS COMBINATIONS IN RESTRAINT OF TRADE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 75-21-3, Mississippi Code of 1972, is brought forward as follows:
75-21-3. Any corporation, domestic or foreign, or individual, partnership, or association of persons whatsoever, who, with intent to accomplish the results herein prohibited or without such intent, shall accomplish such results to a degree inimical to public welfare, and shall thus:
(a) Restrain or attempt to restrain the freedom of trade or production;
(b) Or shall monopolize or attempt to monopolize the production, control or sale of any commodity, or the prosecution, management or control of any kind, class or description of business;
(c) Or shall engross or forestall or attempt to engross or forestall any commodity;
(d) Or shall destroy or attempt to destroy competition in the manufacture or sale of a commodity, by selling or offering the same for sale at a lower price at one (1) place in the state than another or buying or offering to buy a commodity at a higher price at one (1) place in the state than another, differences of freight and other necessary expenses of sale and delivery considered;
(e) Or shall destroy or attempt to destroy competition by rendering any service, or manipulating, handling or storing any commodity for a less price in one (1) locality than in another, the differences in the necessary expenses of carrying on the business considered, shall be deemed and held a trust and combine within the meaning and purpose of this section, and shall be liable to the pains, penalties, fines, forfeitures, judgments, and recoveries denounced against trusts and combines and shall be proceeded against in manner and form herein provided, as in case of other trusts and combines.
It shall be sufficient to
make out a prima facie case of a violation of * * * paragraph (e) of this
section to show a lower charge for the service therein mentioned in one (1)
locality than another, or to show a higher price paid for a commodity in one (1)
locality than another, differences of freight and other necessary expenses of
operating business considered.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.
