§ 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 is
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§ 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.