Commercial Law – General Regulatory Provisions

Antitrust Law

SECTION 6-36-10

§ 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) 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.

(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.

(c) Civil penalty. In addition to injunctive relief authorized pursuant to subsections (a) and (b) of this section, any person who violates this chapter may be liable for a civil penalty of not more than fifty thousand dollars ($50,000) for each violation.

History of Section.
(P.L. 1979, ch. 98, § 1; P.L. 2013, ch. 274, § 1; P.L. 2013, ch. 365, § 1.)