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
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
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
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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