Arkansas Antitrust Laws

The Arkansas Antitrust Law is governed by Unfair Practices Act. (A.C.A. § 4-75-201).  Under A.C.A. § 4-75-212, private action is brought by the Attorney General on behalf of a private person. The period of limitation is five year under A.C.A. § 4-75-217, and A.C.A. § 4-75-320.  According to A.C.A. § 4-75-212(b)(1)(A), attorney fees can be recovered.

A.C.A. § 4-75-212 reads in part:

“4-75-212.  Civil actions and settlements by the Attorney General.

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(b) The Attorney General may also bring a civil action in the name of the state, as parens patriae on behalf of natural persons residing in this state, to secure monetary relief as provided under this section for injury, directly or indirectly sustained by those persons because of any violation of this subchapter, in accordance with the following provisions:

(1)  (A) The circuit court shall award the Attorney General as monetary relief actual damages sustained or restitution for loss incurred as a result of the violations of this subchapter, and the cost of suit, including a reasonable attorney’s fee.”

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A.C.A. § 4-75-217 reads:

“4-75-217. Statute of limitations.

(a) Any action brought by the Attorney General pursuant to this subchapter is barred if it is not commenced within five (5) years after the cause of action accrues.

(b) The statute of limitations described in subsection (a) of this section shall be tolled during any period when the defendant in any action fraudulently concealed the events upon which the cause of action is based.

(c) This section is not intended to allow for the commencement of any action by the Attorney General under the provisions of this subchapter for events occurring prior to the enactment of this section of which the Attorney General had actual knowledge.”


Inside Arkansas Antitrust Laws