§ 37-1-3.1 Combinations in restraint of trade unlawful–Entities subject to prohibition
§ 37-1-3.2 Monopolies and attempts to monopolize unlawful
§ 37-1-3.3 Monopoly or restraint of trade as felony
§ 37-1-3.4 Labor not an article of commerce–Labor and agricultural organizations permitted
§ 37-1-3.5 Regulated utility services exempt
§ 37-1-4 Discriminating between localities in selling as unfair discrimination
§ 37-1-5 Discriminating between localities in buying as unfair discrimination
§ 37-1-6 Price differential to meet competition in buying permitted
§ 37-1-7 Unlawful discrimination in buying or selling as felony
§ 37-1-8 Fraudulent statements to affect market price as felony
§ 37-1-10 Criminal prosecution by state’s attorney on violation–Assistance by attorney general
§ 37-1-11 Criminal proceedings instituted by attorney general
§ 37-1-11.1 Demand by attorney general to produce evidence relating to violations–Service–Contents
§ 37-1-11.2 Petition for enforcement of attorney general’s demand–Court order–Protectiveprovisions
§ 37-1-11.3 Confidentiality of evidence produced on demand–Waiver
§ 37-1-11.4 Self-incriminating evidence required on promise of immunity
§ 37-1-14.1 Venue of actions for violation
§ 37-1-14.2 Actions on behalf of state for equitable relief and civil penalties–Amount of penalty
§ 37-1-14.3 Action by public or private party for equitable relief or damages–Treble damages
§ 37-1-14.4 Limitation of actions for violations
§ 37-1-16.1 Judgment in action by state as prima facie evidence in later actions
§ 37-1-18 Failure to attend or produce evidence as contempt
§ 37-1-20 Remedies cumulative
§ 37-1-22 Judicial interpretations of similar statutes as guide
§ 37-1-23 Action by state as parens patriae–Circuit court jurisdiction–Monetary relief
§ 37-1-24 Treble damages and cost of suit as measure of monetary relief
§ 37-1-25 Exclusions in determining amount of monetary relief
§ 37-1-26 Proof of damages–Assessment in aggregate
§ 37-1-27 Notice–Manner of giving
§ 37-1-28 Election by injured person to exclude claim from state action for monetary relief–Notice
§ 37-1-29 Judgment as res judicata
§ 37-1-30 Dismissal or compromise–Approval of court required–Notice
§ 37-1-31 Distribution of award of monetary relief–Treatment as civil penalty to be depositedin special revenue fund
§ 37-1-32 Attorney general’s powers–Common law powers not derogated
§ 37-1-33 Right to sue preserved for person injured directly or indirectly–Avoidance ofduplicate liability

Terms Used In South Dakota Codified Laws > Title 37 > Chapter 1 - Restraint of Trade, Monopolies and Discriminatory Trade Practices

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See South Dakota Codified Laws 2-14-2
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2