Ark. Code Ann. § 4-75-309 (2026)
Fixing prices or quantities of products
Any corporation organized under the laws of this or any other state or country and transacting or conducting any kind of business in this state, or any partnership or individual, or other association or persons whatsoever, who is, or creates, enters into, or becomes a member of, or a party to, any pool, trust, agreement, combination, confederation, or understanding, whether it is made in this state or elsewhere, with any other corporation, partnership, individual, or any other person or association of persons, to regulate or fix, either in this state or elsewhere, the price of any article of manufacture, mechanism, merchandise, commodity, convenience, repair, any product of mining, or any article or thing whatsoever, or the price or premium to be paid for insuring property against loss or damage by fire, lightning, or tornado, or to maintain the price when so regulated or fixed, or who is, or enters into, or becomes a member of, or a party to any pool, agreement, contract, combination, association, or confederation, whether made in this state or elsewhere, to fix or limit in this state or elsewhere, the amount or quantity of any article of manufacture, mechanism, merchandise, commodity, convenience, repair, any product of mining, or any article or thing whatsoever, or the price or premium to be paid for insuring property against loss or damage by fire, lightning, storm, cyclone, or tornado or any other kind of policy issued by any corporation, partnership, individual, or association of persons aforesaid, shall be deemed and adjudged guilty of a conspiracy to defraud and be subject to the penalties as provided by this subchapter.
History. Acts 1905, No. 1, § 1, p. 1; C. & M. Dig., § 7368; Pope's Dig., § 9407; A.S.A. 1947, § 70-101.
Cross References. Agricultural cooperative associations exempt, § 2-2-122.
Cooperative marketing association, exempt, § 2-2-426.
Oil and gas, agreements for production not in violation of law, §§ 15-72-301, 15-72-504.
Case Notes
Constitutionality.
Legislature could constitutionally provide that foreign insurance companies should not do business within state if they were members of any pool, trust or combination which would affect insurance rates anywhere. Hartford Fire Ins. Co. v. State, 76 Ark. 303, 89 S.W. 42 (1905).
Applicability.
This subchapter prohibits any foreign or domestic corporation, partnership or individual from doing business in the state while a member of a pool, trust or combination, whether made in this state or elsewhere to fix or regulate in this state or elsewhere, the price of any article. Hartford Fire Ins. Co. v. State, 76 Ark. 303, 89 S.W. 42 (1905); Frank A. Menne Factory v. Harback Bros., 85 Ark. 278, 107 S.W. 991 (1908).
This section does not apply to combinations among railroad companies to fix passenger and freight rates. State ex rel. Means v. Chicago, R.I. & P. Ry., 95 Ark. 114, 128 S.W. 555 (1910).
An agreement to fix the price of laundering is not prohibited by this subchapter. State ex rel. Moose v. Frank, 114 Ark. 47, 169 S.W. 333 (1914).
Collusive Bidding.
A citizen and taxpayer may bring an action to compel an accounting for moneys alleged to have been illegally paid to corporations charged with collusive bidding on public contracts and with furnishing material of a grade inferior to that purchased. Nelson v. Berry Petroleum Co., 242 Ark. 273, 413 S.W.2d 46 (1967).
Competition.
Contract which gave supplier of natural gas power to fix rate for gas charged by distributor was not in violation of this section when there was no competition in the sale of such gas. Ft. Smith Light & Traction Co. v. Kelley, 94 Ark. 461, 127 S.W. 975 (1910).
Criminal Conspiracy.
The offense defined by this act does not constitute the common law crime of criminal conspiracy. Hammond Packing Co. v. State, 81 Ark. 519, 100 S.W. 407 (1907), aff'd, 212 U.S. 322, 29 S. Ct. 370, 53 L. Ed. 530 (1909).
Fixing Rates Outside State.
A foreign insurance corporation is prohibited from doing business in Arkansas while a member of a pool, trust, or combination to fix fire insurance rates anywhere, although such pool, trust or combination was not created or maintained in Arkansas and did not attempt to fix prices in this state. Hartford Fire Ins. Co. v. State, 76 Ark. 303, 89 S.W. 42 (1905).
Pleading.
Complaint did not charge a violation of this section where no allegations were made tending to show the creation of a monopoly or any attempt or intention to fix or regulate prices. Elizabeth Hosp. v. Richardson, 167 F. Supp. 155 (W.D. Ark. 1958), aff'd, 269 F.2d 167 (8th Cir.), cert. denied, 361 U.S. 884, 80 S. Ct. 155, 4 L. Ed. 2d 120 (1959).
Validity of Contract.
Where contract is severable, fact that it contains provisions in violation of this section will not avoid whole contract. Ft. Smith Light & Traction Co. v. Kelley, 94 Ark. 461, 127 S.W. 975 (1910).
Cited: Midland Valley R.R. v. Hoffman Coal Co., 91 Ark. 180, 120 S.W. 380 (1909).