Chapter 3: Anticompetitive
Practices
§ 301. Definitions.
§ 302. Prohibited activities.
§ 303. Agreements lessening competition — Unlawful.
§ 304. Unlawful agreements void.
§ 305. Competitive agreements.
§ 306. Criminal and civil liability of violators.
As used in this chapter, “person or persons” includes an individual or
individuals, corporations, firms, partnerships or any other association
existing under or authorized by the laws of the Trust
Territory.
Source: COM PL 3C-57 § 1; TT Code 1970, 33 TTC 301; TT Code 1980, 33 TTC 301.
It is illegal for one or more persons
to create or use an existing combination of capital, skill, or acts the
effect of which is:
(1) to create or carry out restrictions in trade or commerce;
(2) to limit or reduce the production, or increase the price of, merchandise or of any commodity;
(3) to prevent competition in the manufacture, making, transportation, sale, or purchase of any merchandise, produce, or commodity;
(4) to fix at any standard or figure whereby its price to the public or consumer shall be in any manner controlled or established, any article or commodity of merchandise, produce, or commerce intended for sale, barter, use, or consumption;
(5) to discriminate in price between different purchasers of commodities of like grade and quality, where the effect of such discrimination may be to substantially lessen competition or tend to create a monopoly in any line of commerce; provided, that nothing herein contained shall prevent differentials in price which only make allowance for differences in the cost of manufacture, sale or delivery resulting from the differing methods or quantities in which such commodities are to be purchased, sold, and delivered;
(6) to make or enter into or carry out any contract, obligation, or agreement by which the persons do any of the following:
(a) bind themselves not to sell, dispose of, or transport any article or commodity below a common standard figure or fixed value;
(b) agree to keep the price of such article, commodity, or transportation at a fixed or graduated figure;
(c) establish or set the price of any article, commodity, or transportation between them or themselves and others, so as directly or indirectly to preclude free and unrestricted competition among themselves or any purchaser or consumer in the sale or transportation of any such article or commodity;
(d) agree to pool, combine, or directly or indirectly unite any interest that they may have connected with the sale or transportation of any such article or commodity that might in any way affect its price.
Source: COM PL 3C-57 § 2; TT Code 1970, 33 TTC 302; TT Code 1980, 33 TTC 302.
It shall be unlawful for any person
to lease or make a sale or contract for the sale of goods, merchandise,
machinery, supplies, or commodities for use within the Trust Territory, or
to fix a price charged therefor, or discount from, or rebate upon, such
price, on condition, agreement, or understanding that the lessee or
purchaser thereof shall not use or deal in the goods, merchandise,
machinery, supplies, commodities, or services of a competitor or
competitors of the lessor or seller, where the effect of such lease, sale,
or contract for sale, or such condition, agreement, or understanding may
be to substantially lessen competition or tend to create a monopoly in any
line of trade or commerce in any district of the Trust
Territory.
Source: COM PL 3C-57 § 3; TT Code 1970, 33 TTC 303; TT Code 1980, 33 TTC 303.
Any contract or agreement in
violation of this chapter is, to that extent, void and not enforceable at
law or equity.
Source: COM PL 3C-57 § 4; TT Code 1970, 33 TTC 304; TT Code 1980, 33 TTC 304.
It is not unlawful to enter into
agreements or form an association or combination the purposes and effect
of which is to promote, encourage, or increase competition in any trade or
industry.
Source: COM PL 3C-57 § 5; TT Code 1970, 33 TTC 305; TT Code 1980, 33 TTC 305.
(1) Any person who violates section 302 or 303 of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $5,000.
(2) Any person who is injured in his business, personal property, or real property by reason of another’s violation of sections 302 or 303 of this chapter may sue therefor in the High Court in the district where the defendant resides or where service may be obtained, and may recover three times the damages sustained by him together with a reasonable attorney’s fee and the costs of suit; provided, that the Trust Territory and any of its political subdivisions and public agencies shall be deemed a person within the meaning of this section, and may, through the Attorney General or the District Attorney, bring an action on behalf of the Trust Territory, its political subdivisions, or public agencies to recover the damages provided by this section, including a reasonable attorney’s fee together with the costs of the suit.
(3) Upon conviction under this chapter of a noncitizen business, as defined in chapter 2 of this title, the High Commissioner may revoke such noncitizen’s business permit.
Source: COM PL 3C-57 § 6; TT Code 1970, 33 TTC 306; TT Code 1980, 33 TTC 306.