Chapter 274

2013 -- H 5944 SUBSTITUTE A

Enacted 07/15/13

 

A N A C T

RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS --

ANTITRUST LAW

          

     Introduced By: Representatives Blazejewski, Craven, Ajello, Cimini, and Palangio

     Date Introduced: March 28, 2013

   

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 6-36-7, 6-36-10, 6-36-11 and 6-36-12 of the General Laws in

Chapter 6-36 entitled "Antitrust Law" are hereby amended to read as follows:

 

     6-36-7. Scope of chapter. -- (a) This chapter applies to: (1) any contract, combination, or

conspiracy, wherever created, formed, or entered into; (2) any establishment, maintenance, or use

of monopoly power; and (3) any attempt or conspiracy to establish, maintain, or use monopoly

power; wherever any of the foregoing has an impact on trade or commerce of this state sufficient

to invoke the jurisdiction of the superior court.

      (b) In deciding whether conduct restrains or monopolizes trade or commerce or may

substantially lessen competition within this state, determination of the relevant market or

effective area of competition shall not be limited by the boundaries of this state. However, some

portion of the relevant market or effective area of competition must be at least in part within this

state.

      (c) No action or proceeding instituted pursuant to the provisions of this chapter shall be

barred on the ground that the activity or conduct complained of in any way affects or involves

interstate or foreign commerce.

     (d) In any action under this chapter, the fact that a person or public body has not dealt

directly with the defendant shall not bar or otherwise limit recovery. Provided, however, that

courts shall exclude from the amount of monetary relief awarded in the action any amount of

monetary relief which duplicates amounts which have been awarded for the same injury.

 

     6-36-10. Injunction against and civil penalties for violations of this chapter. -- (a)

Jurisdiction of courts. - The superior court of this state shall have jurisdiction to prevent and

restrain violations of this chapter, provided that the statutory minimum amount in controversy is

properly present. In addition to granting prohibitory injunctions and other restraints for a period

and upon terms and conditions necessary to deter the defendant from, and insure against, the

committing of future violations of this chapter, the courts may grant mandatory injunctions

reasonably necessary to dissipate the ill effects of the violation. The courts may issue appropriate

decrees upon consent and stipulation by the parties. The courts may also issue restraining orders.

Under no circumstances shall the state or a public body be required to post bond in any action

under this chapter.

      (b) Attorney general -- Right to injunctive relief. - (1) The attorney general may institute

proceedings to prevent and restrain violations of this chapter as provided in subsection (a) of this

section.

      (c)(2) Any person or public body including the United States, whether a direct or indirect

purchaser, may institute proceedings for injunctive relief, temporary or permanent, as provided in

subsection (a) of this section, against threatened loss or damage to his or her property or business

by a violation of this chapter. A preliminary injunction may be issued upon a showing that the

danger of irreparable loss or damage is immediate and, within the court's discretion, the execution

of proper bond against damages for an injunction improvidently granted. If the court issues a

permanent injunction, the plaintiff shall be awarded reasonable attorney's fees, filing fees, and

reasonable costs of the suit. Reasonable costs for the suit may include, but shall not be limited to,

the expenses of discovery and document reproduction.

      (d)(c) Civil penalty. - In addition to injunctive relief authorized pursuant to subsection

subsections (a) and (b) of this section, any person who violates this chapter may be liable for a

civil penalty in a suit by the attorney general of this state of not more than fifty thousand dollars

($50,000) for each violation.

 

     6-36-11. Enforcement. -- (a) Action for treble damages. - Any person or public body,

including the United States, who shall be injured in his or her business or property by reason of a

violation of the provisions of this chapter may sue in superior court and shall recover threefold

the damages sustained by him or her, together with reasonable costs of suit and any reasonable

attorneys' fees that may be granted at the discretion of the court. The reasonable costs of suit may

include, but shall not be limited to, the expenses of discovery and document reproduction. In any

action under this section the fact that a person or public body has not dealt directly with the

defendant shall not bar or otherwise limit recovery. Provided, however, that the court shall

exclude from the amount of the damages awarded in the action, any amount of monetary relief

which duplicates amounts which have been awarded for the same injury, but shall not exclude

reasonable costs and attorneys' fees.

      (b) Action by attorney general. - The attorney general shall investigate suspected

violations of the provisions of this chapter and if he or she shall conclude that a violation is

imminent, is occurring, or has occurred, he or she may institute on behalf of the state of Rhode

Island or any of its departments, subdivisions, agencies, or its cities and towns, an action in

superior court seeking appropriate relief. The attorney general may bring an action in federal

court on behalf of the state of Rhode Island or any of its political subdivisions or agencies, or its

cities and towns, to recover the damages provided for by the federal antitrust laws, and pursuant

to the federal laws may undertake any measures that he or she deems necessary for the successful

conduct of the action.

 

     6-36-12. Attorney general -- Suits parens patriae. -- (a) The attorney general may

bring a civil action in superior court in the name of the state, as parens patriae on behalf of

persons residing in this state, to secure monetary relief as provided in this section for injuries

sustained by the persons to their property by reason of any violation of this chapter. This parens

patriae action shall take precedence, have priority status and automatically stay any other action

by a city or town in superior court seeking monetary relief for the same injuries sustained by the

persons to their property by reason of any violation of this chapter. The court shall exclude from

the amount of monetary relief awarded in this action any amount of monetary relief:

      (1) Which duplicates amounts which have been awarded for the same injury; or

      (2) Which is properly allocable to persons who have excluded their claims pursuant to

subsection (c)(1) of this section.

      (b) The court shall award the state as monetary relief threefold the total damage

sustained as described in subsection (a) of this section and the costs of suit, including a

reasonable attorney's fee.

      (c) (1) In any action brought under subsection (a) of this section the attorney general

shall, at the times, in the manner, and with the content that the court may direct cause notice of

the action to be given by publication.

      (2) Any person on whose behalf an action is brought under subsection (a) may elect to

exclude from adjudication the portion of the state claim for monetary relief attributable to him or

her by filing notice of the election with the court within the time specified in the notice given

pursuant to subsection (c)(1) of this section.

      (3) The final judgment in an action under subsection (a) shall be res judicata as to any

claim under section 6-36-11 by any person on behalf of whom the action was brought and who

fails to give the notice within the period specified in the notice given pursuant to subsection (c)(1)

of this section.

      (d) An action under subsection (a) shall not be dismissed or compromised without the

approval of the court, and notice of any proposed dismissal or compromise shall be given by

publication at the times, in the manner, and with the content that the court may direct.

      (e) In any action under subsection (a):

      (1) The amount of the plaintiff's attorney's fees, if any, shall be determined by the court,

and any attorney's fees awarded to the attorney general shall be deposited with the state as general

revenues; and

      (2) The court may, in its discretion, award a reasonable attorney's fee to a prevailing

defendant upon a finding that the attorney general has acted in bad faith, vexatiously, wantonly,

or for oppressive reasons.

      (f) Monetary relief recovered in an action under this section shall: (1) be distributed in

any manner that the court in its discretion may authorize; or (2) be deemed a civil penalty by the

court and deposited with the state as general revenues; subject in either case to the requirement

that any distribution procedure adopted afford each person a reasonable opportunity to secure his

or her appropriate portion of the net monetary relief.

      (g) In any action under this section the fact that a person or public body has not dealt

directly with the defendant shall not bar or otherwise limit recovery. Provided, however, that the

court shall exclude from the amount of monetary relief awarded in the action any amount of

monetary relief which duplicates amounts which have been awarded for the same injury. No

provision of this chapter shall be construed to limit the standing of any person or public body,

whether the person or public body is a direct or indirect purchaser, from bringing suit on his or

her own behalf.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01772/SUB A

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