Maine § 10 §1104 Right of action and damages

Maine Statutes

§ 10 §1104 — Right of action and damages

Maine·Title 10 COMMERCE AND TRADE·Part 3 REGULATION OF TRADE·Ch. 201 MONOPOLIES AND PROFITEERING

1.Right of action and damages. Any person, including the State or any political subdivision of the State, injured directly or indirectly in its business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by section 1101, 1102 or 1102‑A, may sue for the injury in a civil action. If the court finds for the plaintiff, the plaintiff is entitled to recover 3 times the amount of the damages sustained and cost of suit, including necessary and reasonable investigative costs, reasonable experts' fees and reasonable attorney's fees. The State may recover equitable monetary relief, including restitution and disgorgement.

2.Injunction. The Attorney General may institute proceedings in equity to prevent and restrain violations of sections 1101, 1

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1.
Right of action and damages.
Any person, including the State or any political subdivision of the State, injured directly or indirectly in its business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by section 1101, 1102 or 1102‑A, may sue for the injury in a civil action. If the court finds for the plaintiff, the plaintiff is entitled to recover 3 times the amount of the damages sustained and cost of suit, including necessary and reasonable investigative costs, reasonable experts' fees and reasonable attorney's fees. The State may recover equitable monetary relief, including restitution and disgorgement.
2.
Injunction.
The Attorney General may institute proceedings in equity to prevent and restrain violations of sections 1101, 1102 and 1102‑A.
3.
Civil penalty.
Each course of conduct that constitutes a violation of section 1101 or 1102 is a civil violation for which a civil penalty of not more than $250,000 for each defendant may be adjudged.
4.
Recovery of damages, costs and fees for antitrust violations from any political subdivision official or employee of a political subdivision acting in an official capacity.
No damages, interest on damages, costs or attorneys fees may be recovered under this chapter from any political subdivision, as defined in Title 14, section 8102, subsection 3, or official or employee of a political subdivision acting in an official capacity.
5.
Recovery of damages, costs and fees for antitrust violations on claim against person based on official action directed by political subdivision, or official or employee of a political subdivision acting in an official capacity.
No damages, interest on damages, costs or attorneys fees may be recovered under this chapter in any claim against a person based on any official action directed by a political subdivision, as defined in Title 14, section 8102, subsection 3, or official or employee of a political subdivision acting in an official capacity.

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Legislative History

PL 1977, c. 175, §3 (RPR). PL 1983, c. 340, §2 (AMD). PL 1985, c. 349 (AMD). PL 1987, c. 60, §1 (RPR). PL 1989, c. 367 (AMD). PL 1991, c. 137, §§2,3 (AMD). PL 2011, c. 559, Pt. A, §10 (AMD). PL 2023, c. 538, §§1, 2 (AMD).