§ 51-08.1-08 — Damages and injunctive relief

North Dakota § 51-08.1-08

• Jurisdiction: North Dakota
• Title 51: Sales and Exchanges
• Ch. 51-08.1: Uniform State Antitrust Act

Text

1. The state, a political subdivision, or any public agency threatened with injury or injured
in its business or property by a violation of this chapter may bring an action for
appropriate injunctive or other equitable relief, damages sustained and, as determined
by the court, taxable costs and reasonable attorney's fees.
2. The attorney general may bring an action as parens patriae on behalf of a person
residing in the state to recover damages sustained by the person by reason of any
violation of this chapter.
3. A person threatened with injury or injured in that person's business or property by a
violation of this chapter may bring an action for appropriate injunctive or other
equitable relief, damages sustained and, as determined by the court, taxable costs
and reasonable attorney's fees. If the trier of fact finds that the violation is flagrant, it
may increase recovery to an amount not in excess of three times the damages
sustained.
4. In any action for damages under this section, the fact that the state, political
subdivision, public agency, or person threatened with injury or injured in its business or
property by any violation of the provisions of this chapter has not dealt directly with the
defendant does not bar recovery.
5. In any action for damages under this section, any defendant, as a partial or complete
defense against a claim for damages, is entitled to prove that the plaintiff purchaser, or
seller in the chain of manufacture, production, or distribution, who paid any overcharge
or received any underpayment passed on all or any part of the overcharge or
underpayment to another purchaser or seller in that action.