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Georgia Antitrust Laws

Unfair methods of competition and unfair or deceptive acts or practices are declared to be unlawful in Georgia for the regulation of farm equipment manufacturers, distributors, and dealers.  O.C.G. § 13-8-40 provides for private action by any person injured.  Reasonable attorney fees can be recovered in such actions.  The statute does not provide for a period of limitation for commencing action on such grounds.

O.C.G. § 13-8-40 – Damages recoverable for injuries sustained by violations of article; class actions; punitive damages

(a) In addition to temporary or permanent injunctive relief as provided in subparagraph (c)(3)(A) of Code Section 13-8-35, any person who shall be injured in his business or property by reason of anything forbidden in this article may bring an action therefore in the appropriate superior court of this state and shall recover the actual damages sustained and the costs of such action, including a reasonable attorney’s fee.

(b) When such action is one of common or general interest to many persons or when the parties are numerous and it is impracticable to bring them all before the court, one or more may bring a class action for the benefit of the whole, including actions for injunctive relief.

(c) In an action for money damages, if the jury finds that the defendant acted maliciously, the jury may award punitive damages as permitted by Georgia law.


Inside Georgia Antitrust Laws