The Caucasian. (Clinton, N.C.) 188?-1913, 1907-03-21
AN ANTITRUST law
Penalties Provided For Trade
Restraining Con1binatiOns
COMPETITION MUST BE OPEN
Pull Text Of the Measure. Embracing
Amendments. Which Finally Pass
ed the State Legislature.

antitrust bill as passed BY the Legss-
lature, which has just adjourned, and
the supplemental act, also adopted and
ratified by that body:
An Act prohibiting conduct within
the State Of North Carolina whics
interefeYes with trade and com
merce.
The General Assembly of North
Carolina do enact:
Section /. That 1t shall be unlaw-
fCl for any person or corporation to
directly or indirectly be guilty of any
of the acts and things specified in any
Of the sub-sections of this section.
(A) For any person, firm, corpora
tlon or association to make a sale or
sales of any goods, wares, merchan-
disc, articles or things of value, what
soever, in North Carolina, whether di-
ree!iy or indirectly or through any
agent or employees upon the condition
that the purchaser thereof shall not
deal in the goods, wares, merchandise
articles or things Of value, of the
competitor or rival in the business of
the person, firm, corporation or asso-
citation, Masking said sale.
OBJ For any person, firm, corpora
tlon CIR association to directly or in
directly, wilfully destroy or iniure
or undertake to destroy or iniure the
business Of any opponent or business
rival III the State or North Carolina,
viii the purpose or intention of at
tempting to fix the price of anything
Of value when the competition is re-
mo, ed.
(C) For any person, firm, corpora
ittn or association which directly or
indirectly buys or sells within the
State, through himself or itself or
through any agent of any kind, or as
agent or principal or together with
or through any allied subsidiary or
dependent person, firm, corporation
or association, as much as so per
eentum in quantity of any article or
thing of value which is sold or bought
in the State to injure or destroy or
undertake to injure Or destroy the
business of any rival or opponenet by
lowering the price of any article or
thing Of value sold, so low or by rails
ing the price of any article or thing
Of value bought, so high as to leave
an unreasonable or inadquate profit
for a time and with the purpose of
increasing the profit on the business
when such rival or opponent is driv-
en- out Of business, or his, their or its
business is injured.
(D) For any person, firm, corpora
ton or association dealing in any
thing of value within the, State Of
North Carolina to give away or sell
at a place where there is competition,
such thing of value at price lower
than il, charged by such person, firm,
corporation or association, for the
same thing at another place, where
there is not sufficient reason for
charging less at the one place than al
the other, with the view Of injuring
the business of another.
(E) For any person, firm, corpora
ton Or association engaged in buying
Or selling anything of value in North
Carolina to make or have any agree
ment OK understanding, express, or
implied with any other person, firm,
corporation, or association, not to buy
or sell said things of value within
certain territorial limits within the
State with intention of preventing
competition in selling or to fix the
price or prevent competition in buy
ing of said things Of value with these
limits, provided nothing herein shall
be construed to prevent an agent
from representing more than one
principal. But nothing in this provi-
so shall be construed to authorize
two CT more principals to employ
common agent for the purpose OF
suppressing competition or lowering
prices.
Sec. 2. That any corporation,
either as agent or principal, violating
any of the provisions of this act shall
be guilty of misdemeanor and such
CORPORATION shall. upon conviction, be
fined not less than $1,000 for each
and every oifense, and every person
violating any of the provisions of this
act shall be guilty of a misdeneanor
and, upon conviction, shall be fined
not less than $1,000 for each and
every ofense, and every person vio-
lating any of the provisions of this
act shall be guilty of misdemeanor
aud upon conviction, shall be fined
not less than 500 or imprisoned
within the discretion of the court.
See. 3. That any person being
either within or without the State
who encourages or wilfully allows or
permits any agent or associates IN
business IN this State to violate any
of the provisions. OF this act shall be
guilty of misdemeanor and. upon
conviction, shall be punished as pro.
yided in Seetion 2 hereof.
Sec. 1. That where the things pro-
hihited in section ena Of this act are
continuous, then, in such event, after
the Hrst violations hereof, each week
that the violation Of such provision
shall continEe shall be a separate Of
fense.
Sec. 5. That the provisions of this
act shall not be construed so as TO
repeal OF restrict tie common law
doctrine preventing unlawfu.. .ambi-
nations ia trade, which is hs<aF 70