Mo. Rev. Stat. § 416.011 Title of act.
416.011. Title of act. — Sections 416.011 to 416.161 may be known and shall be cited as the "Missouri Antitrust Law".
(L. 1974 S.B. 424)
Mo. Rev. Stat. ch. 416
Mo. Rev. Stat. ch. 416
in effectMo. Rev. Stat. § 416.021 Definitions.
416.021. Definitions. — Unless a different meaning is clearly indicated by the context, for the purposes of sections 416.011 to 416.161 :
(1) "Commodity" means any kind of real, personal or mixed property, but does not include the labor of a human being;
(2) "Person" means any individual, corporation, firm, partnership, incorporated or unincorporated association or any other legal or commercial entity;
(3) "Service" means any kind of activity performed in whole or in part for financial gain but does not include labor which is performed by individuals as employees of others;
(4) "Trade or commerce" means any economic activity involving or relating to any commodity or service.
(L. 1974 S.B. 424)
Mo. Rev. Stat. § 416.031 Restraint of trade prohibited.
416.031. Restraint of trade prohibited. — 1. Every contract, combination or conspiracy in restraint of trade or commerce in this state is unlawful.
2. It is unlawful to monopolize, attempt to monopolize, or conspire to monopolize trade or commerce in this state.
3. It is unlawful for any person * engaged in trade or commerce in this state, in the course of such trade or commerce, to lease or make a sale or contract for sale of any commodity, whether patented or unpatented, for use, consumption, or resale within this state, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement, or understanding that the lessee or purchaser thereof shall not use or deal in the commodities of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for such 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 this state.
(L. 1974 S.B. 424) *Word "persons" appears in original rolls.
Mo. Rev. Stat. § 416.041 Exempt organizations and activities.
416.041. Exempt organizations and activities. — 1. Nothing contained in the Missouri antitrust law shall be construed to forbid the existence or operation of:
(1) Any labor organization instituted for the purpose of mutual help and not conducted for profit, or of individual members thereof as to any activities which are directed solely to labor objectives which activities are lawful under the laws of either this state or the United States;
(2) Any agricultural or horticultural organization instituted for the purpose of mutual help and not conducted for profit, or of individual members thereof as to any activities which are directed solely to activities of such organizations which activities are lawful under the laws of either this state or the United States.
2. Nothing contained in the Missouri antitrust law shall be construed to apply to activities or arrangements expressly approved or regulated by any regulatory body or officer acting under statutory authority of this state or of the United States.
3. Nothing contained in the Missouri antitrust laws shall be construed to apply to or prohibit written territorial agreements dealing with the distribution or sale of electrical energy entered into between rural electrical cooperatives, electrical corporations and municipally owned utilities, if such territorial agreements have been approved by the public service commission pursuant to the provisions of chapter 394 , or to apply to or prohibit written territorial agreements dealing with the sale or distribution of water entered into between public water supply districts, water corporations subject to public service commission jurisdiction, and municipally owned utilities, if such territorial agreements have been approved by the public service commission pursuant to the provisions of section 247.172 .
(L. 1974 S.B. 424, A.L. 1988 S.B. 689, A.L. 1989 H.B. 813, A.L. 1991 H.B. 299) Effective 5-29-91
Mo. Rev. Stat. § 416.051 Penalties - attorney general to prosecute - civil penalty for contempt.
416.051. Penalties — attorney general to prosecute — civil penalty for contempt. — 1. Any person who violates any of the provisions of subsection * 1 or 2 of section 416.031 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of up to fifty thousand dollars or by imprisonment in the county jail for a term not to exceed one year, or by both such punishments at the discretion of the court. The attorney general shall not commence prosecutions under this section against any defendant who, at the time, is a defendant with regard to any current information or indictment filed by the United States for violation, or alleged violation, of the Federal Antitrust Statutes involving substantially the same subject matter.
2. The attorney general, with such assistance as he may require from the appropriate county prosecuting attorney, shall investigate suspected criminal violations of sections 416.011 to 416.161 and shall commence and try all criminal prosecutions under sections 416.011 to 416.161 . Prosecutions under sections 416.011 to 416.161 may be commenced by information or indictment. With regard to the investigation, commencement and trial of such prosecutions, the attorney general shall have all the powers and duties vested in him by law with respect to criminal investigations and prosecutions generally. All reasonable and necessary expenses incurred by a prosecuting attorney or his staff in assisting the attorney general shall be reimbursed from appropriations made to the attorney general.
3. Any person who is found to be in contempt of any court order issued to enforce the provisions of section 416.031 arising out of any proceeding brought by the attorney general shall forfeit and pay to the state a civil penalty of not more than twenty thousand dollars. For the purposes of this section, the circuit court issuing any such court order enforcing the provisions of section 416.031 shall retain jurisdiction, and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for recovery of civil penalties.
(L. 1974 S.B. 424) *Word "subsections" appears in original rolls.
Mo. Rev. Stat. § 416.061 Attorney general to prevent and restrain violations - consent judgments ...
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 .
(L. 1974 S.B. 424) *Word "of" appears in original rolls.
Mo. Rev. Stat. § 416.071 Injunctive relief by circuit courts authorized.
416.071. Injunctive relief by circuit courts authorized. — 1. In addition to all other remedies provided by sections 416.011 to 416.161 , the circuit courts of this state are invested with jurisdiction to grant such preliminary or permanent injunctive relief and to issue such temporary restraining orders as necessary to prevent and restrain violations of section 416.031 .
2. In any civil action brought under sections 416.011 to 416.161 , in addition to granting such prohibitory injunctions and other restraints as it deems expedient to deter the defendant from, and secure against, his committing a future violation of sections 416.011 to 416.161 , the court may grant such mandatory relief as is reasonably necessary to restore or preserve fair competition in the trade or commerce affected by the violation.
(L. 1974 S.B. 424)
Mo. Rev. Stat. § 416.081 Antitrust revolving fund - how used - source of funds.
416.081. Antitrust revolving fund — how used — source of funds. — 1. There is created a revolving fund for the office of the attorney general to be known as the "Antitrust Revolving Fund", which shall consist of money transferred by the general assembly of the state of Missouri from the general revenue fund to be credited to such fund, and any money paid into the state treasury and required by law to be credited to such fund. This fund shall be kept separate and apart from all other moneys in the state treasury and shall be paid out by the state treasurer upon warrants issued by the state auditor as certified to by the commissioner of administration, upon verified vouchers of the attorney general.
2. Such money, after appropriation pursuant to law, shall be available for the payment of all costs and expenses incurred by the attorney general in investigation, prosecution or enforcement of the provisions of sections 416.011 to 416.161 or federal laws relating to antitrust, trade regulation, restraint of trade or price fixing activities.
3. Ten percent of all recoveries obtained by the attorney general pursuant to the authority conferred upon him by sections 416.011 to 416.161 , whether by settlement or by judgment, shall be paid into the state treasury to the credit of the antitrust revolving fund. All moneys recovered as court costs by the attorney general pursuant to litigation brought under the authority of sections 416.011 to 416.161 or federal laws relating to antitrust, trade regulation, restraint of trade or price fixing activities, shall be paid into the state treasury to the credit of the antitrust revolving fund.
(L. 1974 S.B. 424)
Mo. Rev. Stat. § 416.091 Documentary material, requirement to produce, demand for, how made, how ...
416.091. Documentary material, requirement to produce, demand for, how made, how served — returns, how verified — failure to comply, effect of. — 1. Whenever the attorney general has reason to believe that a person under investigation may be in possession, custody, or control of any books, documents, records, writings or tangible things, hereinafter referred to as "documentary material", relevant to a civil investigation of a violation of section 416.031 , he may, prior to the institution of a civil or criminal proceeding thereon, issue in writing, and cause to be served upon such person, a civil investigative demand requiring such person to produce such documentary material for examination.
2. Each such demand shall:
(1) State the nature of the conduct constituting the alleged antitrust violation which is under investigation and the provision of law applicable thereto;
(2) Describe the class or classes of documentary material to be produced thereunder with such definiteness and certainty as to permit such documentary material to be fairly identified;
(3) Prescribe a return date which will provide a reasonable period of time within which the documentary material so demanded may be assembled and made available for inspection and copying or reproduction; and
(4) Identify the custodian to whom such documentary material shall be made available.
3. No such demand shall:
(1) Contain any requirement which would be held to be unreasonable if contained in a subpoena duces tecum issued by a court of this state in aid of a grand jury investigation of such alleged violation; or
(2) Require the production of any documentary material which would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of this state in aid of a grand jury investigation of such alleged violation.
4. Service of a demand by the attorney general as provided herein may be made by:
(1) Delivery of a duly executed copy thereof to the place of business of the person to be served in this state, or if the person has no place of business in this state, to his principal place of business or to the residence of the person *** to be served; or
(2) Mailing by certified mail, return receipt requested and signed by the person to whom service is directed, a duly executed copy thereof addressed to the person to be served at his place of business in this state, or if the person has no place of business in this state, to his principal place of business or to the residence of the person to be served.
5. A verified return by the individual serving any such demand or petition setting forth the manner of such service shall be proof of such service. In the case of service by certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand signed by the person to whom service is directed.
6. The attorney general shall designate a member of his staff as document custodian.
7. Any person upon whom any civil investigative demand issued under this section has been duly served shall make such documentary material available for inspection and copying or reproduction to the custodian designated therein at the principal place of business of such person or at such other place as such custodian and such person thereafter may agree, and prescribe in writing or as the court may direct on the return date specified in such demand or on such latter date as such custodian may prescribe in writing. Such person may, upon written agreement between such person and the custodian, substitute for copies of all or any part of such documentary material originals thereof.
8. The custodian to whom any documentary material is so delivered shall take physical possession thereof, and shall be responsible for the use made thereof and for the return thereof pursuant to this section. The custodian may cause the preparation of such copies of such documentary material as may be required for official use. While in the possession of the custodian, no documentary material so produced or copies thereof shall be available for examination, without the consent of the person who produced such documentary material, by any individual other than the attorney general or a duly authorized member of his staff. Under such reasonable terms and conditions as the attorney general shall prescribe, documentary material while in the possession of the custodian shall be available for examination by the person who produced such material or any duly authorized representative of such person.
9. Whenever any attorney has been designated to appear on behalf of the state, before any court or grand jury in any case or proceeding involving any alleged antitrust violation, the custodian may deliver to such attorney such documentary material in the possession of the custodian as such attorney determines to be required for use in the presentation of such case or proceeding on behalf of the state. Upon the conclusion of any such case or proceeding, such attorney shall return to the custodian any documentary material so withdrawn and copies thereof which have * not passed into the control of such court or grand jury through the introduction thereof into the record of such case or proceeding.
10. Upon the completion of the investigation for which any documentary material was produced under this section and any case or proceeding arising from such investigation, the custodian shall return to the person who produced such documentary material all such documentary material and copies thereof which have * not passed into the control of any court or grand jury through the introduction thereof into the record of such case or proceeding.
11. When any documentary material has been produced by any person under this section for use in any antitrust investigation, and no such case or proceeding arising therefrom has been instituted within a reasonable time after completion of the examination and analysis of all evidence assembled in the course of such investigation, such person shall be entitled, upon written demand made upon the attorney general, to the return of all documentary material and copies thereof so produced by such person.
12. In the event of the death, disability, or separation from service of the custodian of any documentary material produced under any demand issued under this section, or the official relief of such custodian from the responsibility for the custody and control of such documentary material, the attorney general shall promptly designate another official to serve as custodian thereof, and transmit notice in writing to the person who produced such documentary material as to the identity and address of the successor so designated. Any successor so designated shall have with regard ** to such materials all duties and responsibilities imposed by this section upon his predecessor in office with regard thereto, except that he shall not be held responsible for any default or dereliction which occurred before his designation as custodian.
13. Whenever any person fails to comply with any civil investigative demand duly served upon him under this section or whenever satisfactory copying or reproduction of any such material cannot be done and such person refuses to surrender such documentary material, the attorney general, through such officers or attorneys as he may designate, may file, in the circuit court of the state for the circuit in which such person *** resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of this section, except that if such person transacts business in more than one such circuit such petition may be filed in any such circuit, or in such other circuit in which such person transacts business as may be agreed upon by the parties to such petition.
14. Within twenty days after the service of any such demand upon any person *** , or at any time specified in the demand, whichever period is shorter, such person may file, in the circuit court for the circuit within which such person resides, is found, or transacts business in this state, or if such person does not reside in or transact business in this state in the circuit court within which the office of the custodian is situated and serve upon such custodian a petition for an order of such court modifying or setting aside such demand. The time allowed for compliance with the demand in whole or in part as deemed proper and ordered by the court shall not run during the pendency of such petition in the court. Such petition shall specify each ground upon which the petitioner relies in seeking such relief, and may be based upon any failure of such demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person.
15. At any time during which any custodian is in custody or control of any documentary material delivered by any person in compliance with any such demand, such person may file in the circuit court for the circuit within which the office of such custodian is situated, and serve upon such custodian a petition for an order of such court requiring the performance by such custodian of any duty imposed upon him by this section.
16. Whenever any petition is filed in any circuit court under this section, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry into effect the provisions of this section. Any final order so entered shall be subject to appeal by writ of prohibition. Any disobedience of any final order entered under this section by any court shall be punished as a contempt thereof.
(L. 1974 S.B. 424) *Word "has" appears in original rolls. **Word "regards" appears in original rolls. ***Word "persons" appears in original rolls.
Mo. Rev. Stat. § 416.111 Refusal to testify prohibited - criminal immunity granted.
416.111. Refusal to testify prohibited — criminal immunity granted. — In any investigation or proceeding brought to enforce the provisions of sections 416.011 to 416.161 , no individual shall be permitted to refuse to answer any question material to the matter in controversy or to refuse to produce documentary material on the ground that the testimony or documentary material required of him may tend to incriminate him or subject him to a penalty; but no such person shall be subject to criminal prosecution or to any action for a criminal penalty or forfeiture on account of any transaction, matter or thing concerning which he may testify or produce documentary material.
(L. 1974 S.B. 424)
Mo. Rev. Stat. § 416.121 Who may sue - prevailing plaintiff to be awarded attorney's fees and costs.
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.
(L. 1974 S.B. 424)
Mo. Rev. Stat. § 416.131 Venue of actions - actions to be brought within four years - involvement in ...
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.
(L. 1974 S.B. 424)
Mo. Rev. Stat. § 416.141 How construed as to comparable federal acts.
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.
(L. 1974 S.B. 424)
Mo. Rev. Stat. § 416.151 State's remedies to be cumulative - only one monetary recovery on any one act.
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.
(L. 1974 S.B. 424)
Mo. Rev. Stat. § 416.161 Severability clause.
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.
(L. 1974 S.B. 424)
Mo. Rev. Stat. § 416.410 Definitions.
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.
(L. 1959 H.B. 255 § 1, A.L. 1963 p. 643, A.L. 1982 H.B. 1100)
Mo. Rev. Stat. § 416.415 Selling or advertising milk at less than cost prohibited - evidence.
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.
(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.
Mo. Rev. Stat. § 416.420 Discrimination in price between localities - evidence.
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.
(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.
Mo. Rev. Stat. § 416.425 Sales by retailers at less than cost - evidence.
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.
(L. 1959 H.B. 255 § 4)
Mo. Rev. Stat. § 416.430 Sale by bulk milk handler at less than cost - evidence.
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.
(L. 1959 H.B. 255 § 5)
Mo. Rev. Stat. § 416.435 Sales of milk in combination with other products at less than cost - evidence.
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.
(L. 1959 H.B. 255 § 6)
Mo. Rev. Stat. § 416.440 Rebates, discounts, allowances or gifts by processor or distributor - ...
416.440. Rebates, discounts, allowances or gifts by processor or distributor — exceptions — evidence. — 1. No milk 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, give or offer to give any milk product purchaser any rebate, discount, free service or services, advertising allowance, pay for advertising space used jointly, donation, free merchandise, rent on space used by the retailer for storing or displaying the milk processor's or distributor's merchandise, financial aid, free equipment, or any other thing of value; except the bona fide return by a cooperative association to its members on a patronage basis of the savings realized on products sold and distributed to the members or patrons.
2. Proof of the giving or offer to give anything of value is prima facie evidence of a violation of this section.
3. No milk product purchaser shall accept from any milk processor or distributor any rebate, discount, free service or services, any advertising allowance, pay for advertising space used jointly, donation, free merchandise, rent on space used by retailer for storing or displaying the milk processor's or distributor's merchandise, financial aid, free equipment, or any other thing of value; except the bona fide receipt from a cooperative association of a patronage refund based on the patronage of the purchaser with the cooperative association.
4. Proof of the acceptance of any thing of value by any milk product purchaser is prima facie evidence of the violation of this section.
5. This section does not prevent a processor or distributor from furnishing point-of-sale advertising material to a retailer without cost for the promotion of the sale of the processor's or distributor's products.
6. This section does not prevent a discount of two percent or less for payment on or before a certain date.
(L. 1959 H.B. 255 § 7) (1964) Evidence that dairy gave milk to certain number of persons first entering store on three consecutive days as part of an introductory sales promotion in the locality held insufficient to establish that dairy intended to and did unfairly divert trade from a competitor. State ex rel. Thomason v. Adams Dairy Co. (Mo.), 379 S.W.2d 553. (l964) The word "discount" was not intended to include volume pricing or quantity discounts which are cost justified price differences available to all customers and rules of commissioner prohibiting such practices were void. Foremost Dairies, Inc. v. Thomason (Mo.), 384 S.W.2d 651. (1982) Section construed to prohibit franchise agreements whereby a grocery store franchisor distributed food, supplied related services, leased property, and on occasion loaned money to franchisees. Fleming Foods of Missouri, Inc. v. Runyan (Mo. banc), 634 S.W.2d 183.
Mo. Rev. Stat. § 416.445 Sales and advertisements exempt from law, when.
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.
(L. 1959 H.B. 255 § 8)
Mo. Rev. Stat. § 416.450 Complaints, investigation by director - actions to restrain violations.
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.
(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.
Mo. Rev. Stat. § 416.455 Person injured by violation may intervene in or bring injunction action.
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 .
(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.
Mo. Rev. Stat. § 416.460 Rules, authority, promulgation, procedure.
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 .
(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.
Mo. Rev. Stat. § 416.465 Director may subpoena and swear witnesses - enforcement of subpoena.
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.
(L. 1959 H.B. 255 § 12)
Mo. Rev. Stat. § 416.470 Director may employ auditing firm.
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.
(L. 1959 H.B. 255 § 13)
Mo. Rev. Stat. § 416.475 Bond of complainant, liability.
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.
(L. 1959 H.B. 255 § 14)
Mo. Rev. Stat. § 416.480 Remedies exclusive.
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 .
(L. 1959 H.B. 255 § 15)
Mo. Rev. Stat. § 416.485 Actions barred, when.
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.
(L. 1959 H.B. 255 § 16)
Mo. Rev. Stat. § 416.490 License required for manufacturer, processor or distributor, exception, ...
416.490. License required for manufacturer, processor or distributor, exception, expires when, fee — revocation, procedure — rules. — 1. It is unlawful for any person to operate a milk or milk products manufacturing or processing plant or to act as a distributor within this state unless licensed under the provisions of sections 416.410 to 416.560 ; provided, however, that no such license shall be required for the distribution of cottage cheese.
2. Each license is issued on July first of each year and must be conspicuously posted in the place of business to which it applies. A license is issued upon satisfactory application to the director, accompanied by a license fee based upon the amount of sales during the previous calendar year ending on December thirty-first of milk products except cottage cheese, and the license fee is equivalent to not more than one-half cent per hundred weight of the sales of milk products.
3. The director shall set the amount of the license fee for manufacturing and processing plants at least yearly, upon hearing, not to exceed one-half cent per hundred weight, and may set a licensing fee for distributors not to exceed three dollars per year or in the amount only as is necessary to carry out the provisions of sections 416.410 to 416.560 .
4. The director is hereby authorized and empowered to suspend or revoke the license of any person who acts as a distributor or who operates a milk or milk products manufacturing or processing plant which is subject to the provisions of sections 416.410 to 416.560 and whether located inside or outside the state of Missouri, or to refuse to issue a license to any applicant therefor if the director, after a public hearing, has found that the applicant has violated any of the provisions of sections 416.410 to 416.560 , or the rules and regulations adopted hereunder. No rule or portion of a rule promulgated under the authority of sections 416.410 to 416.560 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024 . Any applicant shall have full rights to counsel, to produce witnesses in his behalf at the hearing, and to have ten days' notice in writing of the date, time and place of the hearing, and the charges and grounds upon which his license is sought to be revoked or suspended, or to be refused a license. The order of suspension, revocation, or refusal to issue a license, shall not become final until ten days after the date thereof, and after the party to the proceeding has been notified in writing of the action of the director. Any party to the proceedings that is aggrieved by any final decision or order of the director may appeal the order in the manner provided for appeals in the administrative procedure law of Missouri.
(L. 1959 H.B. 255 § 17, A.L. 1963 p. 643, A.L. 1982 H.B. 1100, A.L. 1995 S.B. 3)
Mo. Rev. Stat. § 416.495 Milk control fund, source and purpose.
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 .
(L. 1959 H.B. 255 § 18)
Mo. Rev. Stat. § 416.500 Nonresident manufacturers, processors and distributors to pay license fee.
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 .
(L. 1959 H.B. 255 § 19, A.L. 1963 p. 643)
Mo. Rev. Stat. § 416.505 Operation without license enjoined - "stop-sale" orders, issuance - appeal.
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.
(L. 1959 H.B. 255 § 20, A.L. 1963 p. 643, A.L. 1978 H.B. 1634) Effective 1-02-79
Mo. Rev. Stat. § 416.510 Nonresident subject to Missouri judicial process, when.
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.
(L. 1959 H.B. 255 § 21)
Mo. Rev. Stat. § 416.515 Process, form.
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.
(L. 1959 H.B. 255 § 22)
Mo. Rev. Stat. § 416.520 Service of process, how made.
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.
(L. 1959 H.B. 255 § 23)
Mo. Rev. Stat. § 416.525 Notice of service of process, form.
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:
(L. 1959 H.B. 255 § 24)
Mo. Rev. Stat. § 416.530 Personal service authorized, how served.
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.
(L. 1959 H.B. 255 § 25)
Mo. Rev. Stat. § 416.535 Proof of service by mailing.
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.
(L. 1959 H.B. 255 § 26)
Mo. Rev. Stat. § 416.540 Provisions for service on nonresidents in addition to other methods.
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.
(L. 1959 H.B. 255 § 27)
Mo. Rev. Stat. § 416.545 Venue of actions.
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.
(L. 1959 H.B. 255 § 28)
Mo. Rev. Stat. § 416.550 Continuance of action as to nonresident.
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.
(L. 1959 H.B. 255 § 29)
Mo. Rev. Stat. § 416.555 Secretary of state to keep record of process.
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.
(L. 1959 H.B. 255 § 30)
Mo. Rev. Stat. § 416.560 Secretary of state's fee as costs.
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.
(L. 1959 H.B. 255 § 31)
Mo. Rev. Stat. § 416.600 Citation of law.
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".
(L. 1993 S.B. 374)
Mo. Rev. Stat. § 416.605 Definitions.
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.
(L. 1993 S.B. 374)
Mo. Rev. Stat. § 416.610 Transfer prices, public disclosure required.
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.
(L. 1993 S.B. 374)
Mo. Rev. Stat. § 416.615 Sale below cost or at lower price, prohibited when.
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.
(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).
Mo. Rev. Stat. § 416.620 Allowable practices.
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.
(L. 1993 S.B. 374)
Mo. Rev. Stat. § 416.625 Civil penalty, amount - attorney general, duties - funds paid to general ...
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.
(L. 1993 S.B. 374)
Mo. Rev. Stat. § 416.630 Courts, jurisdiction - civil actions, duties of attorney general and ...
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 .
(L. 1993 S.B. 374)
Mo. Rev. Stat. § 416.635 Civil action by injured party authorized.
416.635. Civil action by injured party authorized. — Any person who is injured in his business or property in a relevant geographic market by reason of anything forbidden or declared unlawful by sections 416.600 to 416.640 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 action shall be brought within four years of the alleged occurrence. Such person may:
(1) Sue for damages sustained by such person, and if the judgment is for the plaintiff, such person shall be awarded threefold damages by him sustained and reasonable attorney's 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, such person shall be awarded reasonable attorney's fees as determined by the court, together with the costs of the suit.
(L. 1993 S.B. 374)
Mo. Rev. Stat. § 416.650 Definitions
416.650. Definitions — For purposes of sections 416.650 to 416.658 , the following terms shall mean:
(1) "Demand letter" , a letter, email, or other communication asserting or claiming that a target has engaged in patent infringement, but shall not include a petition filed in a court of appropriate jurisdiction;
(2) "Target" , an end user who purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale and that is, or later becomes, the subject of a patent infringement allegation.
(L. 2014 S.B. 706)
Mo. Rev. Stat. § 416.652 Demand letters, no bad faith assertions of patent infringement - factors ...
416.652. Demand letters, no bad faith assertions of patent infringement — factors court may consider. — 1. No person shall make a bad faith assertion of patent infringement in a demand letter.
2. A court may consider the following factors as evidence that a person has made a bad faith assertion of patent infringement in a demand letter:
(1) The demand letter does not contain the following information:
(a) The patent number;
(b) The name and address of the patent owner or owners and assignee or assignees, if any; and
(c) Factual allegations concerning the specific areas in which the target's products, services, or technology infringe the patent or are covered by the claims in the patent;
(2) The demand letter lacks the information described in subdivision (1) of this subsection, the target requests the information, and the person fails to provide the information within a reasonable period of time;
(3) The demand letter demands payment of a license fee or response within an unreasonably short period of time;
(4) The person offers to license the patent for an amount that is not based on a reasonable estimate of the value of the license;
(5) The person, company, or any of its subsidiaries or affiliates has previously presented a demand letter claiming or asserting patent infringement of the same patent under substantially the same circumstances, and a court has entered a final judgment that the demand letter presented a bad faith assertion of patent infringement;
(6) The person attempted to enforce the claim of patent infringement in litigation, and a court found the claim to be brought in bad faith; and
(7) Any other factor the court finds relevant.
3. A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement:
(1) The demand letter contains the information described in subdivision (1) of subsection 2 of this section;
(2) If the demand letter lacks the information described in subdivision (1) of subsection 2 of this section and the target requests the information, the person provides the information within a reasonable period of time;
(3) The person engages in a good faith effort to establish that the target has infringed the patent and to negotiate an appropriate remedy;
(4) The person makes a substantial investment in the use of the patent or in the production or sale of a product or item covered by the patent;
(5) The person is:
(a) The inventor or joint inventor holding the patent or in the case of a patent filed by and awarded to an assignee of the original inventor or joint inventor, is the original assignee; or
(b) An institution of higher education or a technology transfer organization owned or affiliated with an institution of higher education;
(6) The person has:
(a) Demonstrated good faith business practices in previous efforts to enforce the patent, or a substantially similar patent; or
(b) Successfully enforced the patent or a substantially similar patent through litigation; and
(7) Any other factor the court finds relevant.
(L. 2014 S.B. 706)
Mo. Rev. Stat. § 416.654 Cause of action available to targets of bad faith assertions.
416.654. Cause of action available to targets of bad faith assertions. — If one or more persons or entities believe they have been a target of a bad faith assertion of patent infringement in a demand letter, those persons or entities shall have a private right to a cause of action as follows:
(1) An action based on a violation or violations of section 416.652 to enjoin such violation or violations;
(2) An action based on a violation or violations of section 416.652 to recover actual monetary loss from such a violation or violations, or to receive ten thousand dollars in damages for each such violation, whichever is greater; and
(3) Upon any successful action under this section to recover their attorney's fees.
(L. 2014 S.B. 706)
Mo. Rev. Stat. § 416.656 Attorney general's authority - awards credited to antitrust revolving fund, ...
416.656. Attorney general's authority — awards credited to antitrust revolving fund, when. — 1. The attorney general's authority under this chapter to investigate, restrain, and prosecute civil actions under the Missouri antitrust law shall apply to investigating and prosecuting actions under sections 416.650 to 416.658 .
2. In an action brought by the attorney general under this chapter the court may award or impose any relief available to a person under sections 416.650 to 416.658 .
3. Monetary awards or settlements recovered by the attorney general, aside from awards to a target, may be credited to the antitrust revolving fund and be similarly available for the payment of all costs and expenses incurred by the attorney general in investigation, prosecution, or enforcement of the provisions of sections 416.650 to 416.658 .
(L. 2014 S.B. 706)
Mo. Rev. Stat. § 416.658 Other remedies not limited - inapplicability of act, when.
416.658. Other remedies not limited — inapplicability of act, when. — 1. Sections 416.650 to 416.658 shall not be construed to limit the rights or remedies available to any person or the state under any other law with regard to conduct involving assertions of patent infringement provided that it shall not be an unfair or deceptive trade practice for any person who owns or has the right to license or enforce a patent to notify another of that ownership or right of license or enforcement, to notify another that the patent is available for license or sale, to notify another of the infringement of that patent under the provisions of Title 35 of the United States Code, or to seek compensation on account of a past or present infringement, or for a license, when it is reasonable to believe that the person from whom compensation is sought may owe such compensation.
2. The provisions of sections 416.650 to 416.658 shall not apply to a demand letter or assertion of patent infringement that includes a claim for relief arising under 35 U.S.C. Section 271(e)(2) or 42 U.S.C. Section 262.
(L. 2014 S.B. 706)
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://revisor.mo.gov/main/OneChapter.aspx?chapter=416Fetched: 10/17/2026