South Dakota Antitrust Laws

South Dakota antitrust laws are set forth in Chapter 37-1 of Title 37 of the  South Dakota Codified Laws.  Under S.D. Codified Laws § 37-1-14.3, private action is permissible, and attorney fees are allowed.  According to S.D. Codified Laws § 37-1-14.4, period of limitation is four years generally, and one year in specific cases.  One year limitation is applicable in cases where there was already an action conducted by the state.  The private party should file the suit within one year of the conclusion of the case by the state.  Some provisions are stated below:

S.D. Codified Laws § 37-1-32 reads:

Ҥ 37-1-32.
The powers granted in §§ 37-1-23 to 37-1-32, inclusive, are in addition to and not in derogation of the common law powers of the attorney general to act in parens patriae.”

S.D. Codified Laws § 37-1-23 reads:

Ҥ 37-1-23.
The attorney general may bring a civil action in the name of the state, as parens patriae on behalf of the natural persons residing in the state, in circuit court, to secure monetary relief as provided in this section for injury sustained by such natural persons to their property by reason of any violation of this chapter.”
S.D. Codified Laws § 37-1-14.4 reads:

Ҥ 37-1-14.4.
An action under § 37-1-14.2 to recover a civil penalty is barred if it is not commenced within four years after the claim for relief accrues. An action under § 37-1-14.3 to recover damages is barred if it is not commenced within four years after the claim for relief accrues, or within one year after the conclusion of any timely action brought by the state under § 37-1-14.2 or 37-1-14.3 based in whole or in part on any matter complained of in the action for damages, whichever is later.”

S.D. Codified Laws § 37-1-14.3 reads:

Ҥ 37-1-14.3.
The state, a political subdivision, or any public agency injured in its business or property by a violation of this chapter may bring an action for appropriate injunctive or other equitable relief, damages sustained and, as determined by the court, taxable costs and reasonable attorney’s fees. The trier of facts shall increase recovery under this section to three times the damages sustained. A person injured in his business or property by a violation of this chapter may bring an action for appropriate injunctive or other equitable relief, damages sustained and, as determined by the court, taxable costs and reasonable attorney’s fees. The trier of facts shall increase recovery under this section to three times the damages sustained.”


Inside South Dakota Antitrust Laws