Antitrust laws
Information on the law about Antitrust
Antitrust violations are "crimes" committed by business entities that injure both competing businesses and the consumer by artificially inflating or fixing prices.
Antitrust laws came into national prominence in the late nineteenth century with the rise of the giant industrial monopolies. Two types of monopolies, horizontal and vertical, were felt to be particularly harmful to competition. In a horizontal monopoly, a single entity owns all or an unreasonable percentage of the firms competing in the same business, such as all the telephone or oil companies. In a vertical monopoly, a single entity owns all or an unreasonable percentage of all levels of business within a single industry, for example, all the forests, logging firms, mills, printing plants, and newspapers.
Through the exercise of its power to regulate interstate commerce, Congress has enacted the most sweeping of antitrust regulations in the Sherman Antitrust Act. Because of the great size of the businesses engaged in antitrust or anti-competitive practices as well, the federal government has taken the lead in enforcing against these types of unfair business practices.
Most antitrust statutes are enforced in two ways: the state attorney general can sue on behalf of the state in order to correct the unfair practice, either by obtaining an injunction prohibiting the offensive practice or by ordering fines or other redress to be paid or otherwise addressed to the consumers; the other way is by a private right of action, whereby consumers themselves or competing businesses sue to recover for damages or injuries suffered as a result of the offending behavior. Some states permit civil charge only; some permit civil and criminal charges.
Table 1: Antitrust
| State | Code Section | Private Action | Statutes of Limitation | Attorney's Fees |
| FEDERAL | Tit. 15 § 15(a-b); 15 USCA §4 deals with jurisdiction of courts, duty of US Attny & procedure to bring fed. claim; 15 USCA §21 deals with enforcement provisions | Yes; a person who is a foreign state may not recover an amount in excess of damages, the cost of the suit, including a reasonable attorney's fee §15(a)+(b) | 4 yrs. 15 USCA §15b | Yes; a person who is a foreign state may not recover an amount in excess of damages, the cost of the suit, including a reasonable attorney's fee §15(a) and (b) |
| ALABAMA | 6-5-60 | Yes | Not specified | No |
| ALASKA | 45.50.562 to 596 | Yes; attorney general may also be able to bring an action 45.50.580, 45.50.5+6 | 4 yrs., 45.50.588 | Yes; restoration, injunction, treble damages, costs of suit; misdemeanor, civil penalty not more than $20,000 or 12 mos. prison, 45-50.576(a) |
| ARIZONA | 44-1401 to 1416 Uniform State Antitrust Act | Yes, 44-1408(A) | 4 yrs.; Private action must be brought within 4 yrs. of the cause of action or one years after the conclusion of a timely action of the state 44-1410(B) | Yes, 44-1408(B) |
| ARKANSAS | 4-75-301, et seq. 45-75-304 through 307 were repealed by Act 2003 No. 1172 §3 | No prerequisite; it is the duty of the attorney general to enforce the status 4-75-307 | 5 yrs., 4-75-322(1) | Attorney general receives costs + attnys fees Act 1172 of 2003 §1 |
| CALIFORNIA | Bus. & Prof. §16700, et seq. | Yes; attorney general may bring action on behalf of state 16750(a)+(c) | 4 yrs., 16750.1 | Yes, 16750(a) |
| COLORADO | Unfair Practices Act, 6-2-101, et seq.; 6-4-101, et seq. | Yes; attorney general may bring action on behalf of state 6-2-111 | 6 yrs. for criminal actions brought by attorney general; 4 yrs. for civil actions | No, 6-2-111; 6-4-114(3) |
| CONNECTICUT | Connecticut Anti-Trust Act: 35-24, et seq. | Yes; attorney general also enforces | 4 yrs. | Yes |
| DELAWARE | Anti-Trust Act: Tit. 6 §§2101, et seq. | Yes; attorney general also enforces | 3 yrs. | Yes |
| DISTRICT OF COLUMBIA | 28-4501, et seq.; 28-4511 | Yes; corporation counsel power to enforce | 4 yrs. | Yes |
| FLORIDA | 542.15, et seq. | Yes; attorney general also enforces | 1 yr. (plus period for attorney general action) | Yes |
Table 1: Antitrust—Continued
| State | Code Section | Private Action | Statutes of Limitation | Attorney's Fees |
| GEORGIA | 13-8-31, et seq. | Unfair competition, restraint of trade for distributors, dealers, and their representatives doing business in Georgia of farm equipment and/or machinery | Not specified | Not specified |
| HAWAII | 480-13, 20, 24 | Yes; attorney general shall enforce criminal and civil provisions | 4 yrs. | Yes |
| IDAHO | Idaho Competition Act: 48-101, et seq. | Yes; attorney general also enforces | 4 yrs. or within one year after cause of action by state concludes | Yes |
| ILLINOIS | Illinois Antitrust Act: Ch. 740 §10/1, et seq. | Yes | 4 yrs. | Yes |
| INDIANA | 24-1-1-1, et seq.; 24-1-2-1, et seq.; 24-1-3-1, et seq. | Yes; attorney general power to enforce | 5 yrs. | Yes; treble damages, cost of suit |
| IOWA | Iowa Competition Law: 553.1, et seq. | Yes; state may also bring suit | 4 yrs. | Yes for individual plaintiff but not for state |
| KANSAS | 50-101, et seq. | Yes; attorney general and county attorney power to enforce | 5 yrs. | Yes |
| KENTUCKY | 367.175, et seq. | Yes | 5 yrs. unless specified otherwise | No |
| LOUISIANA | 51.121, et seq. | Yes; attorney general also enforces | Not specified | Yes |
| MAINE | Tit. 10 §§1101, et seq. | Yes; attorney general power to enforce | Not specified | Yes |
| MARYLAND | Maryland Antitrust Act: Com. Law II §§11-201, et seq. | Yes; attorney general power to enforce | 4 yrs. | Yes |
| MASSACHUSETTS | Massachusetts Antitrust Act: Ch. 93 §§1, et seq. | Yes; attorney general also enforces | 4 yrs. | Yes |
| MICHIGAN | Michigan Antitrust Reform Act: 445.771, et seq. | Yes; attorney general also enforces | 4 yrs. | Yes |
| MINNESOTA | Minnesota Antitrust Law of 1971: 325D.49, et seq. | Yes; attorney general also enforces | 4 yrs. | Yes |
| MISSISSIPPI | 75-21-1, et seq. | Yes; attorney general and district attorney per attorney general also enforce civil and criminal features of antitrust statutes | Not specified | No |
| MISSOURI | Missouri Antitrust Act: 416.011, et seq. | Yes; attorney general also enforces | 4 yrs. | Yes |
Table 1: Antitrust—Continued
| State | Code Section | Private Action | Statutes of Limitation | Attorney's Fees |
| MONTANA | 30-14-201, et seq. | Yes; injured person or the attorney general; Dept. of Commerce power to enforce | Not specified | Not specified |
| NEBRASKA | 59-801, et seq. | Yes; attorney general power to enforce | Not specified | Yes |
| NEVADA | Nevada Unfair Trade Practice Act: 598A.010, et seq. | Yes; attorney general power to enforce | 4 yrs. | Yes |
| NEW HAMPSHIRE | 356:1, et seq. | Yes; Dept. of Justice power to enforce | 4 yrs. | Yes |
| NEW JERSEY | New Jersey Antitrust Act: 56:9-1, et seq. | Yes; attorney general power to institute proceedings | 4 yrs. | Yes |
| NEW MEXICO | New Mexico Antitrust Act: 57-1-1, et seq. | Yes; attorney general power to enforce | 4 yrs. for civil penalty (57-1-12); 3 yrs. for criminal penalty (57-1-6); cannot bring both civil and criminal (57-1-9) | Yes |
| NEW YORK | Gen. Bus. §340 ¶5., et seq. | Yes; no prerequisite for administrative action but private party plaintiff must notify the attorney general | 4 yrs. (suspended during pendency of federal action based in whole or in part on same matter) | Yes |
| NORTH CAROLINA | 75-1, et seq. | Yes | 4 yrs. | Yes |
| NORTH DAKOTA | 51-08.1-01, et seq. | Yes; attorney general power to enforce | 4 yrs. or 1 yr. after conclusion of action by state | Yes |
| OHIO | 1331:01, et seq. | Yes; attorney general power to enforce | 4 yrs., 1331.12(B) | No |
| OKLAHOMA | Oklahoma Antitrust Reform Act Tit. 79 §§201, et seq. | Yes; attorney general power to enforce | 4 yrs. | Yes |
| OREGON | 646.705, et seq. | Yes; attorney general power to enforce | 4 yrs. or within 1 yr. after conclusion of any proceeding based on the same matter | Yes; individual and state win reasonable attorney's fees, expert's fees, and investigative fees |
| PENNSYLVANIA | Unfair Trade Practices & Consumer Protection Law: Tit. 73 §§201, et seq. | Yes; attorney general power to enforce | Not specified | May be awarded at judicial discretion but no statutory right |
| RHODE ISLAND | Rhode Island Antitrust Act: 6-36-1, et seq. | Yes, but private party plaintiff must notify attorney general of his complaint and file proof of service | 4 yrs. | Yes; treble damages, reasonable costs and attorney's fees |
Table 1: Antitrust—Continued
| State | Code Section | Private Action | Statutes of Limitation | Attorney's Fees |
| SOUTH CAROLINA | South Carolina Unfair Trade Practices Act: 39-5-10, et seq. | Yes; attorney general power to enforce; however, 3 days before instituting legal proceedings, must give person chance to present reason why action should not be instituted | 3 yrs. | Yes |
| SOUTH DAKOTA | 37-1-3.1, et seq. | Yes; state's attorney power to enforce and must immediately notify the attorney general; the attorney general shall aid in prosecution | 4 yrs. or 1 yr. after conclusion of civil or equitable action brought by state, whichever is later | Yes |
| TENNESSEE | 47-25-101, et seq. | Yes; attorney general and reporter power to institute criminal proceedings | Not specified | No |
| TEXAS | Texas Fair Enterprise & Antitrust Act of 1983: Bus. & Com. §§15.01, et seq. | Yes; attorney general power to enforce | 4 yrs. or 1 yr. after conclusion of action based on the same act | Yes |
| UTAH | Utah Antitrust Act: 76-10-911, et seq. | Yes attorney general power to enforce | 4 yrs. or 1 yr. after conclusion of action | Yes; and cost of suit |
| VERMONT | Tit. 9 §2465 | Yes | Not specified | Yes |
| VIRGINIA | Virginia Antitrust Act: 59.1-9.1, et seq. | Yes; attorney general power to enforce | 4 yrs. or 1 yr. after conclusion of action | Yes |
| WASHINGTON | 19.86.010, et seq. | Yes; attorney general power to enforce | 4 yrs., except when attorney general brings action in whole or in part; in matter of private action, the private action's statute of limitations is suspended | Yes |
| WEST VIRGINIA | West Virginia Antitrust Act: 47-18-1, et seq. | Yes; attorney general power to enforce | 4 yrs., unless one civil action is brought, then any other is suspended during the first's pendency and one year after | Yes; filing fees, and reasonable expenses of discovery and document reproduction |
| WISCONSIN | 133.01, et seq. | Yes; dept. of justice or district attorney power to enforce | 6 yrs. Statute begins running upon discovery of a cause of action by an aggrieved party. Other actions have suspended statute of limitations during pendency of any civil or criminal action and for one year afterward | Yes; and cost of suit |
Table 1: Antitrust—Continued
| State | Code Section | Private Action | Statutes of Limitation | Attorney's Fees |
| WYOMING | 40-4-101, et seq. | Yes; attorney general and county attorney power to enforce | Not specified | Not specified |
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