1.  Right of action and damagesAny 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 shall 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.  

[PL 1989, c. 367 (AMD).]

Terms Used In Maine Revised Statutes Title 10 Sec. 1104

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Docket: A log containing brief entries of court proceedings.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
2.  InjunctionThe Attorney General may institute proceedings in equity to prevent and restrain violations of sections 1101, 1102 and 1102-A.  
A. These proceedings may be by way of petitions setting forth the case and praying that the violation shall be enjoined or otherwise prohibited.   [PL 1987, c. 60, §1 (NEW).]
B. The action may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require.   [PL 2011, c. 559, Pt. A, §10 (RPR).]
C. Pending the petition and before final decree, the court may at any time make such temporary restraining order or prohibition as considered just under the circumstances.   [PL 1987, c. 60, §1 (NEW).]
D. Any person who violates the terms of an injunction issued under this section must forfeit and pay to the State, to be applied in carrying out this chapter, a civil penalty of not more than $50,000 for each violation.   [PL 1991, c. 137, §2 (NEW).]

[PL 2011, c. 559, Pt. A, §10 (AMD).]

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 $100,000 for each defendant may be adjudged.  
A. In any action initiated by the Attorney General pursuant to this section to prevent and restrain violations of sections 1101 and 1102, the Attorney General may include an action to recover civil penalties by each defendant for each course of conduct alleged.   [PL 1987, c. 60, §1 (NEW).]
B. An action to recover a civil penalty from a defendant under this section bars a criminal prosecution pursuant to section 1101 or 1102 against that defendant for the same course of conduct on which the action to recover the civil penalty is based.   [PL 1991, c. 137, §3 (AMD).]
C. A criminal prosecution against a defendant pursuant to section 1101 or 1102 bars any action to recover a civil penalty under this section from that defendant for the same course of conduct on which the criminal prosecution is based.   [PL 1991, c. 137, §3 (AMD).]

[PL 1991, c. 137, §3 (AMD).]

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.  

[PL 1987, c. 60, §1 (NEW).]

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.  

[PL 1987, c. 60, §1 (NEW).]

SECTION 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).