MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Finance

By: Senator(s) Robertson

AN ACT TO PROVIDE A REMEDY FOR THE ANTI-COMPETITIVE ACTS OF A MISSISSIPPI GAMING CONTROL ACT LICENSEE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Any person licensed pursuant to the Mississippi Gaming Control Act who shall:

(a) Restrain or attempt to restrain gaming or the manufacture, distribution, sale, lease or furnishing of gaming devices or associated equipment;

(b) Monopolize or attempt to monopolize gaming or the manufacture, distribution, sale, lease or furnishing of gaming devices or associated equipment;

(c) Engross, forestall or attempt to engross or forestall any gaming device or associated equipment; or

(d) Destroy or attempt to destroy gaming competition or competition in the manufacture, distribution, sale, lease or furnishing of gaming devices or associated equipment;

shall be deemed and held to have engaged in anti-competitive acts.

SECTION 2. The Mississippi Gaming Commission is authorized to discipline licensees for their anti-competitive acts and has full and absolute power and authority to revoke or suspend any license, registration, finding of suitability or approval, or fine any person in connection with such anti-competitive acts.

SECTION 3. (1) Any person injured or damaged by the anti-competitive acts of a licensee as herein defined may recover all damages of every kind sustained by it and in addition a penalty not to exceed One Million Dollars ($1,000,000.00), by suit in any court of competent jurisdiction. The suit may be brought against the licensee and the officers and representatives of the licensee. The penalty may be recovered in each instance of injury.

(2) Proceedings against a licensee for anti-competitive acts may be brought in any county in which the licensee operates a gaming establishment or in which the licensee manufactures, distributes, sells, leases or otherwise furnishes gaming devices or associated equipment.

SECTION 4. This act shall take effect and be in force from and after July 1, 1999.