reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.121 - Who may sue — prevailing plaintiff to be awarded attorney's fees and costs.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1974
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 court of this state in which the defendant or defendants, or any of them, reside, or have any officer, agent or representative, or in which any such defendant, or any agent, officer or representative may be found. Such person may:
(1) Sue for damages sustained by him, and if the judgment is for the plaintiff he shall be awarded threefold damages by him sustained and reasonable attorneys' fees as determined by the court, together with the costs of suit; and
(2) Bring proceedings to enjoin the unlawful practices, and if decree is for the plaintiff he shall be awarded reasonable attorneys' fees as determined by the court, together with the costs of the suit.
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(L. 1974 S.B. 424)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.131 - Venue of actions — actions to be brought within four years — involvement in interstate or foreign commerce, no defense.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1974
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 which any defendant resides, engages in business or has an agent, unless otherwise specifically provided herein.
2. Any action brought under sections 416.011 to 416.161 shall be barred unless commenced within four years after the cause of action accrued. No cause of action barred under existing law on August 13, 1974, shall be revived by sections 416.011 to 416.161.
3. Whenever any civil or criminal proceeding is commenced by the state to prevent, restrain or punish violations of sections 416.011 to 416.161, but not including an action under section 416.121, brought by the state, the running of the statute of limitations in respect to every private right of action arising under sections 416.011 to 416.161 based in whole or in part on any matter complained of in such proceedings shall be suspended during the pendency thereof and for one year thereafter; except, however, that whenever the running of the statute of limitations in respect of a private cause of action arising under sections 416.011 to 416.161 is suspended hereunder, any action to enforce such cause of action shall be forever barred unless commenced either within the period of suspension or within four years after the cause of action accrued.
4. No action under sections 416.011 to 416.161 shall be barred on the ground that the activity or conduct complained of in any manner affects or involves interstate or foreign commerce.
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(L. 1974 S.B. 424)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.141 - How construed as to comparable federal acts.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1974
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.
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(L. 1974 S.B. 424)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.151 - State's remedies to be cumulative — only one monetary recovery on any one act.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1974
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 act or injury.
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(L. 1974 S.B. 424)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.161 - Severability clause.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1974
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 thereof to other persons and circumstances shall not be affected thereby.
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(L. 1974 S.B. 424)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.410 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1982
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 furnished to a processor for the purpose of processing and manufacture into milk products;
(2)
"Bulk milk handler"
, any person engaged in the business of transferring title to bulk milk to a processor, except a cooperative association organized under the laws of this state;
(3)
"Cost to the bulk milk handler"
, the price paid dairy farmers for the milk, plus receiving plant charge or a reasonable charge to cover all costs of operating his own receiving plant, plus transportation cost to the point of delivery to the purchaser;
(4)
"Cost to the processor or distributor"
, the price paid for raw materials, plus the cost of doing business, which shall include labor, salaries paid executives and officers, rent, interest, depreciation, power, supplies, maintenance of equipment, selling costs, advertising, transportation and delivery costs, credit losses, all types of permits and license fees, all taxes, insurance, and all overhead expenses of the processor or distributor;
(5)
"Cost to the retailer"
, the invoice price paid by the retailer plus the retailer's cost of doing business. In the absence of specific evidence the cost of doing business shall be presumed to be eight percent of the invoice price, and this cost shall be calculated to the nearest half cent per sales unit;
(6)
"Director"
, the director of the department of agriculture;
(7)
"Distributor"
, any person, other than a bulk milk handler, engaged in the business of transferring title within the state to milk products for a consideration, where the product is to be sold for resale or further processing;
(8)
"Market milk"
, milk disposed of in fluid form and which is approved by an appropriate city, county or state health authority for distribution and sale in fluid form in any part of the state of Missouri;
(9)
"Milk products"
, market milk, pasteurized milk, vitamin D milk, homogenized milk, flavored milk or flavored milk drinks, sweet cream, whipping cream, homogenized cream, skim milk, buttermilk, and cultured buttermilk;
(10)
"Nonprocessing retailer"
, any person, not a processor, engaged in the business of transferring title within the state to milk products for a consideration where such product is to be used or consumed by the purchaser and is not to be resold or used for the purpose of manufacture or further processing;
(11)
"Processor"
, any person engaged in the business of processing or packaging bulk milk or other materials into milk products.
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(L. 1959 H.B. 255 § 1, A.L. 1963 p. 643, A.L. 1982 H.B. 1100)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.415 - Selling or advertising milk at less than cost prohibited — evidence.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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 creating a monopoly, advertise, offer to sell or sell within the state of Missouri, at wholesale or retail, any milk product for less than cost to the processor or distributor.
2. Proof of the advertising, offer to sell or sale of milk products by a processor or distributor for less than cost to the processor or distributor is prima facie evidence of a violation of this section.
3. A profit from the sale of products other than milk products is not used in cost computation to subsidize or lower the cost of doing business with respect to milk products.
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(L. 1959 H.B. 255 § 2)
(1962) Missouri unfair milk sales practices law held valid as against attacks on the ground that it denied certain persons due process of law and violated the equal rights provision of the state and federal constitutions. Borden Company v. Thomason (Mo.), 353 S.W.2d 735.
(1968) Evidence supported finding that sale of milk below cost by defendant damaged plaintiff and was in violation of this section. Plaintiff entitled to treble damages for economic loss suffered as a result of violation. Dean Foods Company v. Albrecht Dairy Company (A.), 396 F.2d 652.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.420 - Discrimination in price between localities — evidence.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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 the sale of any milk product furnished from the same plant between any of the towns, cities, municipalities or counties of this state; except that no violation results from different prices which reflect, in the case of a processor, the actual transportation cost from point of processing to point of sale, and, in the case of a distributor, the actual transportation cost from point of purchase to point of resale.
2. Proof of the advertising, offer for sale or sale of any milk products furnished from the same plant in any town, city, municipality, or county at prices less than advertised, offered for sale, or sold in any other town, city, municipality or county by the processor or distributor, which cannot be accounted for by the difference in the transportation costs is prima facie evidence of a violation of this section.
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(L. 1959 H.B. 255 § 3)
(1964) This section does not apply to cost justified volume pricing as such pricing does not constitute discriminations in price "between any of the towns, cities, municipalities or counties of this state". Foremost Dairies, Inc. v. Thomason (Mo.), 384 S.W.2d 651.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.425 - Sales by retailers at less than cost — evidence.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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, offer to sell or sell within the state of Missouri, any milk product for less than cost to the retailer.
2. Proof of the advertising, offer to sell or sale of milk products by a nonprocessing retailer is prima facie evidence of a violation of this section.
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(L. 1959 H.B. 255 § 4)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.430 - Sale by bulk milk handler at less than cost — evidence.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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, advertise, offer to sell or sell within the state of Missouri, bulk milk, raw or pasteurized, that is intended for the processing of any milk product for less than the cost to the bulk milk handler.
2. Proof of the advertising, offer to sell or sale of bulk milk by a bulk milk handler for less than cost to the bulk milk handler is prima facie evidence of a violation of this section.
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(L. 1959 H.B. 255 § 5)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.435 - Sales of milk in combination with other products at less than cost — evidence.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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 monopoly, advertise, offer to sell or sell any milk product with any other commodity or service at a combined price which is less than the aggregate of the prices for which the milk product and the other commodity or service are offered for sale.
2. Proof of the advertising, offer to sell or sale of the milk product and any other commodity or service at a combined price which is less than the aggregate of the price for which the milk product and the other commodity or service are offered for sale is prima facie evidence of a violation of this section.
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(L. 1959 H.B. 255 § 6)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.445 - Sales and advertisements exempt from law, when.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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 is damaged;
(3) The items are sold upon the final liquidation of any business;
(4) The items are sold for charitable purposes or to unemployment relief agencies;
(5) The items are sold by an officer acting under the direction of any court;
(6) The price of the item is made in good faith to meet the equally lower price of competition, provided however, the person charged with a violation of this section further affirmatively proves the reduction in price is not made 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, and unless such is affirmatively shown, the court shall enter its order enjoining the violation as charged.
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(L. 1959 H.B. 255 § 8)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.450 - Complaints, investigation by director — actions to restrain violations.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1963
416.450. Complaints, investigation by director — actions to restrain violations. —
In any case in which a complaint is made in writing to the director by a person claiming to be injured because milk products are being offered for sale or sold in violation of the provisions of sections 416.410 to 416.560, or in which such violations are apparent to the director, the director shall forthwith cause an investigation to be made of the complaint, and if, in the judgment of the director, the investigation reveals that there is probable cause for the complaint, the director shall call upon the attorney general or the prosecuting attorney of any county in which a violation of the provisions of sections 416.410 to 416.560 occurs to institute an injunction suit in a court of competent jurisdiction of the county in which the alleged violations took place to restrain the violations of sections 416.410 to 416.560 as may be revealed by the investigation; and it is the duty of the attorney general or prosecuting attorney to institute and prosecute the injunction suits.
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(L. 1959 H.B. 255 § 9, A.L. 1963 p. 643)
(1963) Prior to amendment of this section in 1963, held that the filing of a written complaint by some person claiming to be injured with the director of the department of agriculture and the posting of a bond were conditions precedent to the maintenance of an injunction proceeding by the director for violation of section 416.425. State ex rel. Thomason v. Roth (Mo.), 372 S.W.2d 94.
(1968) Below cost sale of milk for four day period as a sales promotion does not entitle director to injunction. State ex rel. Davis v. Thrifty Foodliner, Inc. (Mo.), 432 S.W.2d 287.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.455 - Person injured by violation may intervene in or bring injunction action.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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 pursuant to section 416.450 against the other person or he may bring a separate action and recover three times the actual damages sustained as a result of the violation, together with the costs of the suit, or may sue to enjoin the violation of any provision of sections 416.410 to 416.560.
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(L. 1959 H.B. 255 § 10)
(1969) Construction of this section by federal court in Albrecht Dairy Co. v. Dean Foods Co. (Mo.), 396 F.(2d) 652, applied by Missouri Supreme Court. Collier v. Roth (Mo.), 434 S.W.2d 502.
(1971) Treble damages under this provision are discretionary with the trier of fact. Collier v. Roth (A.), 468 S.W.2d 57.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.460 - Rules, authority, promulgation, procedure.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1995
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 effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1959 H.B. 255 § 11, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
(1964) Rules of director prohibiting volume pricing or quantity discounts, and exempting sale of milk products to public school districts, agencies and institutions of the state and political subdivisions held to be beyond director's authority and void. Foremost Dairies, Inc. v. Thomason (Mo.), 384 S.W.2d 651.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.465 - Director may subpoena and swear witnesses — enforcement of subpoena.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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 failure or refusal to obey a subpoena issued to any person, any court of competent jurisdiction within the county in which the investigation is carried on or in which the person guilty of failure or refusal to obey is found or resides or transacts business or has his principal place of business, upon application by the director, may issue an order requiring the person to appear before the director, there to produce evidence, or to give testimony touching the matter under investigation.
2. Any person willfully failing to obey an order of the court is guilty of contempt of court and shall be proceeded against as provided by law.
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(L. 1959 H.B. 255 § 12)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.470 - Director may employ auditing firm.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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.
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(L. 1959 H.B. 255 § 13)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.475 - Bond of complainant, liability.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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 event the investigation discloses a violation of sections 416.410 to 416.560, and a court action is necessary to secure relief, the surety is released from his liability under the bond, and in an injunction suit brought by the attorney general or the prosecuting attorney as provided in section 416.450, the cost of the investigation is a part of the cost against the defendant in the suit, if he is found to have violated the provisions of sections 416.410 to 416.560.
3. In the event the complaint is found not to involve actionable violation, the complainant is required to defray the necessary expenses of the investigation, but not to exceed the sum of one thousand dollars.
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(L. 1959 H.B. 255 § 14)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.480 - Remedies exclusive.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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.
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(L. 1959 H.B. 255 § 15)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.485 - Actions barred, when.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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.
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(L. 1959 H.B. 255 § 16)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.495 - Milk control fund, source and purpose.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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 separate fund to be known as the "Milk Control Fund" which is hereby established.
2. No money shall be paid out of this fund except by appropriations of the general assembly for the administration of sections 416.410 to 416.560.
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(L. 1959 H.B. 255 § 18)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.500 - Nonresident manufacturers, processors and distributors to pay license fee.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1963
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 milk products in this state shall pay the license fee provided for in sections 416.410 to 416.560 on all sales in this state of milk products except cottage cheese, and shall be subject to all of the provisions of sections 416.410 to 416.560.
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(L. 1959 H.B. 255 § 19, A.L. 1963 p. 643)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.505 - Operation without license enjoined — "stop-sale" orders, issuance — appeal.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 02 Jan 1979, see footnote
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 having first obtained a license as provided in sections 416.410 to 416.560, the attorney general or the prosecuting attorney shall bring suit in a court of competent jurisdiction within the county in which the violation occurs to enjoin the sales or distribution of milk or milk products. In addition, the director, or his authorized agents or representatives are authorized and empowered to issue and enforce a written or printed "stop-sale" order to the owner or custodian of the milk products. The order shall prohibit the further sale of the milk products until the provisions of sections 416.410 to 416.560 have been complied with. The owner or custodian of the milk products shall have the right to appeal from the order to the circuit court of the county or city in which the milk products are located, praying for a judgment as to the justification of such order and for the discharge of the milk products from the order prohibiting the sale in accordance with the findings of the court.
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(L. 1959 H.B. 255 § 20, A.L. 1963 p. 643, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.510 - Nonresident subject to Missouri judicial process, when.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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, successor, assign, or other legal representative, shall be subject to the jurisdiction of the courts of this state in all actions and proceedings brought against him, his executor, administrator, successor, assign, or other legal representative, by either the state of Missouri or a resident or nonresident plaintiff for violation of the provisions of sections 416.410 to 416.560; and
(2) An appointment by the nonresident, his executor, administrator, successor, assign, or other legal representative of the state of Missouri, as his lawful attorney and agent upon whom may be served all process in suits pertaining to the actions and proceedings; and
(3) An agreement by the nonresident that any process in any suit so served shall be of the same legal force and validity as if personally served in this state.
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(L. 1959 H.B. 255 § 21)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.515 - Process, form.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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.
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(L. 1959 H.B. 255 § 22)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.520 - Service of process, how made.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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 of state of Missouri at his office, or in his absence, to the chief clerk of the secretary of state, at his office, and the service shall be sufficient service upon the nonresident.
2. The secretary of state shall immediately mail to the defendant, and to each of them if there be more than one, by restricted, registered or certified mail, addressed to the defendant at his last known address, residence or place of abode a notice of the service and a copy of the process and petition.
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(L. 1959 H.B. 255 § 23)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.525 - Notice of service of process, form.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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:
To (here insert the name of each defendant and his residence, the last known place of abode as definitely as known): You will take notice that original process in suit against you, a copy of which is hereto attached, was duly served upon you at Jefferson City, Cole County, Missouri, by serving same on the Secretary of State of the State of Missouri, or his Chief Clerk. Dated at ______, Missouri, this ______ day of ______, 20______.
__________________
Secretary of State
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(L. 1959 H.B. 255 § 24)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.530 - Personal service authorized, how served.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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 delivering said notification to the defendant or by offering to make the delivery in case defendant refuses to accept same, or by having said notification served on defendant by an officer duly qualified to serve legal process in the state or jurisdiction where the defendant is found and the officer's return showing the service to have been made, filed in the case on or before the return day of the process, or within such further time as the court may allow. Upon the service a general judgment may be taken against defendant or defendants.
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(L. 1959 H.B. 255 § 25)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.535 - Proof of service by mailing.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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 attached to the original papers to which they relate and including the returned registry receipt shall be forthwith filed with the court in which the action is filed and pending.
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(L. 1959 H.B. 255 § 26)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.540 - Provisions for service on nonresidents in addition to other methods.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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, or under the conditions provided for service on residents, and nothing contained in sections 416.410 to 416.560 shall be construed as in any manner limiting, affecting or repealing any cause of action, right, or method of procedure now provided by law, but the provisions of said sections are cumulative and in addition to any existing right, remedy, cause of action, and method of procedure.
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(L. 1959 H.B. 255 § 27)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.545 - Venue of actions.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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 if there be other defendants in the action who are residents of the state of Missouri, then the action shall be brought in any county in which any one of said defendants resides, or in the county within which the plaintiff resides and the defendant may be found.
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(L. 1959 H.B. 255 § 28)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.550 - Continuance of action as to nonresident.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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.
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(L. 1959 H.B. 255 § 29)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.555 - Secretary of state to keep record of process.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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 every process.
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(L. 1959 H.B. 255 § 30)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.560 - Secretary of state's fee as costs.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1959
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.
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(L. 1959 H.B. 255 § 31)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.600 - Citation of law.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1993
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".
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(L. 1993 S.B. 374)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.605 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1993
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 otherwise;
(2)
"Cost"
, is the sum of:
(a) a. If the motor fuel is not purchased from an affiliate, the lowest invoice cost that the seller charged to the purchaser for motor fuel of like grade and quality within three days prior to the date of any alleged unlawful resale by the purchaser, less trade discounts, allowances or rebates which the purchaser receives on the particular invoice or transfer; or
b. If motor fuel is purchased or received from an affiliate, the lowest transfer price that the affiliate charged to the purchaser or receiver for motor fuel of like grade and quality within three days prior to the date of any alleged unlawful resale by the purchaser or receiver, less trade discounts, allowances, or rebates which the purchaser receives on the particular invoice or transfer; plus
(b) The cost of doing business; plus
(c) Freight charges and all applicable federal, state and local taxes not already included in the invoice cost or transfer price;
(3)
"Cost of doing business"
, all costs incurred in the operation of the business for fair market rental value, licenses, taxes, utilities, insurance and nonmanagerial labor;
(4)
"Motor fuel"
, gasoline, diesel fuel, gasohol and all other fuels of a type designated for use as a motor fuel in self-propelled vehicles designated primarily for use on public streets, roads and highways;
(5)
"Person"
, any individual, firm, partnership, corporation, association or other entity;
(6)
"Retailer"
, any person engaged in the sale of motor fuel to the public at retail;
(7)
"Retail sale"
, any sale of motor fuel to the public for consumption;
(8)
"Sale"
, any transfer, gift, sale, offer for sale, or advertisement for sale in any manner or by any means, including any transfer of motor fuel by a person to himself or his affiliate;
(9)
"Sell"
, any act of making a sale or offer for sale;
(10)
"Transfer price"
, the price used by a person in transferring motor fuel to itself or an affiliate for resale at another marketing level.
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(L. 1993 S.B. 374)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.610 - Transfer prices, public disclosure required.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1993
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 in this state at a different marketing level of distribution.
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(L. 1993 S.B. 374)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.615 - Sale below cost or at lower price, prohibited when.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1995
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 injure competition; or
(2) The intent of the sale or offer is to induce the purchase of other merchandise, to unfairly divert trade from a competitor, or otherwise to injure a competitor.
2. It is unlawful for any person engaged in commerce within this state to sell or offer to sell motor fuel at a price lower than the seller charges other persons at the same time and on the same level of distribution, if the intent of the sale or offer is to injure competition.
3. It is unlawful for a person engaged in commerce in this state to sell or transfer motor fuel to itself or an affiliate for resale in this state on a different marketing level of distribution at a transfer price lower than the price it charges a person who purchases for resale at the same time and on the same level of distribution, if the intent of the sale or transfer is to injure competition.
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(L. 1993 S.B. 374, A.L. 1995 H.B. 414)
(1996) Amendment to section by CCS/SS/SCS/HS/HB 414, Eighty-Eighth General Assembly, First Regular Session, which deleted the words "or effect" after the word "intent" in subdivisions (1) and (2) of subsection 1, subsection 2, and subsection 3, held unconstitutional as violating the single subject requirement of article III, section 23. Missouri Petroleum Marketers Association, et al. v. State of Missouri, et al. and Voss Oil, Inc., Case No. CV195-989CC (Cole County Circuit Court, 11/20/96), appeal dismissed, No. 79535 (Supreme Court of Missouri, 6/19/97).
(2004) Concept of injury is confined to action of lowering posted prices to injure a competitor by forcing it to sell product below cost, thus forcing the competitor to operate business at a loss. State ex rel. Nixon v. Quiktrip Corp., 133 S.W.3d 33 (Mo.banc).
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.620 - Allowable practices.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1993
416.620. Allowable practices. —
1. It is not a violation of section 416.615 if a difference exists at the same level of distribution between the transfer price or sale price of motor fuel of like grade and quality and the price charged to a person who purchases for resale, including any discount, rebate, allowance, service or facility granted to any of a supplier's own marketing operations in excess of those provided to a person who purchases for resale, if the difference is due to a difference in shipping method, transportation or quantity in which the motor fuel is sold.
2. It is not a violation of section 416.615 if a difference exists in a transfer price and sale price or between sales prices at the same marketing level if the difference exists because of a good faith effort to meet the equally low price of a competitor.
3. It is not a violation of subsection 1 of section 416.615 if the sale below cost is the result of a good faith effort to meet the equally low price of a competitor. In determining whether a person has set the price at which motor fuel is sold or offered for sale to meet the price of a competitor, the court shall consider only whether the seller or offeror has set the price of motor fuel to match the price at which a competitor has sold or offered motor fuel, without regard to any other items sold or offered in conjunction with the sale or offer for sale of the motor fuel.
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(L. 1993 S.B. 374)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.625 - Civil penalty, amount — attorney general, duties — funds paid to general revenue fund.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1993
416.625. Civil penalty, amount — attorney general, duties — funds paid to general revenue fund. —
1. Any person who violates any of the provisions of section 416.615 shall forfeit and pay to the state a civil penalty of a minimum of one thousand dollars and up to five thousand dollars per violation. Each day on which a violation occurs shall be considered a separate violation.
2. The attorney general, with such assistance as he may require from the appropriate county prosecuting attorney, may investigate suspected violations of sections 416.600 to 416.640 and may commence and try all such actions for a civil penalty. All reasonable and necessary expenses incurred by a prosecuting attorney or the prosecuting attorney's staff in assisting the attorney general shall be reimbursed from appropriations made to the attorney general. All funds recovered by the attorney general shall be paid to the general revenue fund.
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(L. 1993 S.B. 374)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.630 - Courts, jurisdiction — civil actions, duties of attorney general and prosecuting attorneys — consent judgments allowed, when — final judgment, effect.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1993
416.630. Courts, jurisdiction — civil actions, duties of attorney general and prosecuting attorneys — consent judgments allowed, when — final judgment, effect. —
1. The several circuit courts of this state are invested with jurisdiction to prevent and restrain violations of section 416.615.
2. The attorney general may institute civil proceedings to prevent and restrain violations of sections 416.600 to 416.640. The attorney general may employ special counsel in suits to enforce the provisions of sections 416.600 to 416.640. The attorney general, at his discretion, may direct the appropriate county prosecuting attorney of any county in which any proceeding is instituted or brought by the state under sections 416.600 to 416.640 or in which any investigation of a violation of sections 416.600 to 416.640 is occurring to aid and assist him in the conduct of such investigations and proceedings. All reasonable and necessary expenses incurred by a county prosecuting attorney or the prosecuting attorney's staff in assisting the attorney general shall be reimbursed from appropriations made to the attorney general.
3. The attorney general is authorized to enter into consent judgments or decrees with any party defendant in an action brought under sections 416.600 to 416.640; however, no such consent judgment or decree shall become final until approved by the circuit court where filed or until a period of sixty days has elapsed since the filing of the consent judgment or decree whichever occurs first, except that no such approval may be entered by the circuit court until the thirty-first day after the filing of the consent judgment or decree.
4. A final judgment or decree rendered in any civil proceeding brought by the state under sections 416.600 to 416.640 shall be prima facie evidence against the defendant in any action or proceeding brought by any other party under sections 416.600 to 416.640 against the defendant as to all matters respecting which the judgment or decree would be an estoppel between the parties thereto, if any such action is maintained within one year of the date the judgment or decree is entered. This subsection does not apply to consent judgments or decrees entered before the taking of any testimony in the case or to judgments or decrees entered in actions brought in the state courts under section 416.635.
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(L. 1993 S.B. 374)