Delaware Antitrust Laws

Antitrust laws in Delaware are dealt under Title Six, Delaware Code, Chapter 21, Section 2101 et seq.  Delaware Code Section 2105 provides who can sue under this chapter.  The Attorney General has full power and authority to bring an action under this Chapter.  The Attorney General may also bring suit as parens patriae on behalf of natural persons residing in this State.  Pursuant to 6 Del. C. § 2108, an Attorney General or the state or any public body is entitled to recover reasonable fees.  Under Section 2111 of this Chapter any action will be barred unless commenced with three years after the cause of action accrued.

 

 

6 Del. C. § 2105. General power of Attorney General
The Attorney General shall have full power and authority on behalf of the State and its public bodies to investigate suspected violations of this chapter or of federal antitrust laws, and may institute such proceedings as are provided for violations thereof.

6 Del. C. § 2108:
(a) If the State or any public body thereof is threatened with injury or injured in its business or property by a violation of this chapter, the Attorney General may bring an action for appropriate equitable relief, damages sustained and, as determined by the Court, taxable costs, and reasonable fees for expert witnesses and attorneys, including the Attorney General.
6 Del. C. § 2111:
Any action to enforce this chapter shall be forever barred unless commenced within 3 years after the cause of action accrued. For purposes of this section, a cause of action for a continuing violation is deemed to accrue at any time during the period of such violation.


Inside Delaware Antitrust Laws