Tennessee § 47-25-110 - Agricultural cooperatives — Monopolization or restraint of trade.

§ 47-25-110. Agricultural cooperatives — Monopolization or restraint of trade.

If the commissioner of agriculture has reason to believe that any cooperative marketing association, organized or doing business in this state, under title 43, chapter 18, monopolizes or restrains trade to such an extent that the price of any agricultural product is unduly enhanced by reason thereof, the commissioner shall serve upon such association a complaint stating the charge in that respect, to which complaint shall be attached, or contained therein, a notice of hearing, specifying a day and place not less than thirty (30) days after the service thereof, requiring the association to show cause why an order should not be made directing the association to cease and desist from monopolization or restraint of trade. An association so complained of may, at the time and place so fixed, show cause why such order should not be entered. The evidence given on such a hearing shall be taken under such rules and regulations as the commissioner may prescribe, reduced to writing, and made a part of the record. If, upon such hearing, the commissioner is of the opinion that such association monopolizes or restrains trade to such an extent that the price of any agricultural product is unduly enhanced thereby, the commissioner shall issue and cause to be served upon the association an order reciting the facts found by the commissioner, directing such association to cease and desist from monopolization or restraint of trade. If such association fails or refuses or neglects to obey such order, the attorney general and reporter shall then proceed to take appropriate action against the association so offending, in a court of competent jurisdiction. Such court may, upon the conclusion of the hearing, enforce its decree by injunction or other appropriate remedy, but no injunction or extraordinary process shall issue until such association fails or refuses to comply with the terms and provisions of the warning order of the commissioner. Acts 1925, ch. 49, § 2; Shan. Supp., § 3188a1; Code 1932, § 5891; T.C.A. (orig. ed.), §§ 69-111, 47-25-111. Compiler's Notes. Former § 47-25-110 , concerning penalties, was transferred to § 47-25-109 in 1984. Law Reviews. The Tobacco Growers Association Case (Abe D. Waldauer), 5 Tenn. L. Rev. 123. Collateral References. Cooperative marketing of farm or dairy products by producers' associations. 25 A.L.R. 1113 , 33 A.L.R. 247 , 47 A.L.R. 936 , 77 A.L.R. 405 , 98 A.L.R. 1406 , 12 A.L.R.2d 130 . Farmers, legality of combination among. 11 A.L.R. 1185 , 130 A.L.R. 1326 . Provisions of articles or bylaws of nonprofit corporation or association formed by business competitors whereby the amount of dues of respective members varies according to the amount of business done by them, as contrary to public policy. 161 A.L.R. 795 .