§ 24-1-2-5 — Duty of attorney general and prosecuting attorney; civil and criminal proceedings

Indiana § 24-1-2-5

• Jurisdiction: Indiana
• Art. 1: COMBINATIONS IN RESTRAINT OF TRADE
• Ch. 2: Combinations Restraining Trade

Text

It shall be the duty of the attorney general and
of the prosecuting attorney of each judicial circuit to institute
appropriate proceedings to prevent and restrain violations of the
provisions of this chapter or any other statute or the common law
relating to the subject matter of this chapter and to prosecute any
person or persons guilty of having violated any of the penal provisions
thereof. In all criminal proceedings the prosecution may be by way of
affidavit or indictment the same as in other criminal matters, and the
attorney general shall have concurrent jurisdiction with the prosecuting
attorneys in instituting and prosecuting any such actions. All civil
proceedings to prevent and restrain violations shall be in the name of
the state of Indiana upon relation of the proper party. The attorney
general may file such proceedings upon the attorney general's own
relation or that of any private person in any circuit or superior court of
the state, without applying to such court for leave, when the attorney
general shall deem it the attorney general's duty so to do. Such
proceedings shall be by information filed by any prosecuting attorney
in a circuit or superior court of the proper county upon the prosecuting
attorney's own relation whenever the prosecuting attorney shall deem
it the prosecuting attorney's duty so to do, or shall be directed by the
court or governor or attorney general, and an information may be filed
by any taxpayer on the taxpayer's own relation. If judgment or decree
be rendered against any domestic corporation or against any person
claiming to be a corporation, the court may cause the costs to be
collected by execution against the person claiming to be a corporation
or by attachment against any or all of the directors or officers of the
corporation, and may restrain the corporation or any director, agent,
employee, or stockholder and appoint a receiver for its property and
effects, and take an accounting and make distribution of its assets
among its creditors, and exercise any other power or authority
necessary and proper for carrying out the provisions of this chapter. If
judgment or decree be rendered against any corporation incorporated
under the laws of the United States, or of any district or territory
thereof, or of any state other than this state, or of any foreign country,
the court may cause the costs to be collected as in this section provided
and may render judgment and decree of ouster perpetually excluding
such corporation from the privilege of transacting business in the state
of Indiana and forfeiting to the school corporation's education fund or
operations fund any or all property of such corporation within the state,
and shall exercise such power and authority with regard to the property
of such corporation as may be exercised with regard to that of domestic
corporations.
Formerly: Acts 1907, c.243, s.5; Acts 1923, c.82, s.1. As
amended by P.L.152-1986, SEC.7; P.L.238-2019, SEC.21.