30-14-205. Unlawful restraint of trade. It is unlawful for a person or group of persons, directly or indirectly:

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Terms Used In Montana Code 30-14-205

  • Article of commerce: includes but is not limited to any commodity, product, service or output of a service trade, or any product of the soil. See Montana Code 30-14-202
  • Contract: A legal written agreement that becomes binding when signed.
  • Person: includes any person, partnership, firm, corporation, joint-stock company, or other association engaged in business within this state. See Montana Code 30-14-202

(1)to enter an agreement for the purpose of fixing the price or regulating the production of an article of commerce;

(2)for the purpose of creating or carrying out any restriction in trade, to:

(a)limit productions;

(b)increase or reduce the price of merchandise or commodities;

(c)prevent competition in the distribution or sale of merchandise or commodities;

(d)fix a standard or figure whereby the price of an article of commerce intended for sale, use, or consumption will be in any way controlled;

(e)agree to add to a bid for any contract an amount, fixed by percentage or otherwise, for the purpose of making a refund or sharing costs of bidding with any other bidder;

(f)return a part of any amount added to a bid by collusive agreement among bidders to any person;

(g)create a monopoly in the manufacture, sale, or transportation of an article of commerce;

(h)enter into an agreement which binds any person not to manufacture, sell, or transport an article of commerce below a common standard or figure or which keeps such article or transportation at a fixed or graduated figure or by which the price of such article is settled so as to preclude unrestricted competition.