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Title XXVI TRADE AND COMMERCE

 Chapter 416

previous next Effective - 28 Aug 1974bottom

  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 enforce the provisions of sections 416.011 to 416.161.  It shall be the duty of the attorney general to institute civil proceedings to prevent and restrain violations of sections 416.011 to 416.161. The attorney general may employ special counsel in suits to enforce the provisions of sections 416.011 to 416.161 or in actions on behalf of the state or in his representative capacity under subsection 3 of this section in the federal courts brought under federal statutes pertaining to antitrust, trade regulation, restraint of trade or price fixing activities.  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 416.011 to 416.161 or in which any investigation of a violation of sections 416.011 to 416.161 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 his staff in assisting the attorney general shall be reimbursed from appropriations made to the attorney general.

  3.  The attorney general may represent, besides the state and any of its political subdivisions or public agencies, all other political subdivisions, school districts and municipalities within the state in suits to enforce the provisions of sections 416.011 to 416.161 or in actions brought in the federal courts under any federal statute pertaining to antitrust, trade regulation, restraint of trade or price fixing activities.

  4.  The attorney general is authorized to enter into consent judgments or decrees with any party defendant in an action brought under sections 416.011 to 416.161.  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; provided, however, 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.

  5.  A final judgment or decree rendered in any civil or criminal proceeding brought by the state under sections 416.011 to 416.161 shall be prima facie evidence against the defendant in any action or proceeding brought by any other party under sections 416.011 to 416.161 against the defendant as to all matters respecting which the judgment or decree would be an estoppel between the parties thereto, provided that 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 416.121.

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(L. 1974 S.B. 424)

*Word "of" appears in original rolls.


---- end of effective   28 Aug 1974 ----

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