Florida Antitrust Laws

Florida Statute, Chapter 542.15, et seq. is also known as the Florida Antitrust Act of 1980.  Fla. Stat. § 542.22 provides who can sue under the Act.  Under the provision, private action is permitted.  The Attorney General or State Attorney may also bring an action.  The Defendant prevailing in any action under this Chapter is entitled to reasonable attorney fees.  Fla. Stat. § 542.23 provides that a Plaintiff who substantially prevails an action under this Chapter is also entitled to reasonable attorney fees.

The limitation period prescribed, under Fla. Stat. § 542.26, for any action under this Chapter is four years.  Any action brought under this Chapter should commence within four years after the cause of action accrues.  If an Attorney General or State Attorney institutes a civil or criminal action, the running of the limitation period is suspended during the pendency and for one year thereafter.

Fla. Stat. § 542.22 – Suits for damages
“(1) Any person who shall be injured in her or his business or property by reason of any violation of s. 542.18 or s. 542.19 may sue therefore in the circuit courts of this state and shall recover threefold the damages by her or him sustained, and the cost of suit, including a reasonable attorney’s fee. The court shall award a reasonable attorney’s fee to a defendant prevailing in any action under this chapter for damages or equitable relief in which the court finds there was a complete absence of a justiciable issue of either law or fact raised by the plaintiff.

(2) The Attorney General, or a state attorney after receiving written permission from the Attorney General, may bring a civil action in the name of the state, as parens patriae on behalf of natural persons residing in this state, to recover on behalf of those persons threefold the actual damages sustained by reason of any violation of s. 542.18 or s. 542.19, and the cost of such suit, including a reasonable attorney’s fee….”
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Fla. Stat. § 542.23 – Equitable remedies
“In addition to other remedies provided by this chapter, any person shall be entitled to sue for and have injunctive or other equitable relief in the circuit courts of this state against threatened loss or damage by a violation of this chapter. In any action under this section in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney’s fee, to the plaintiff.”

Fla. Stat. § 542.26 – Limitation of actions
“(1) Any action brought under s. 542.21 or s. 542.22 must be commenced within 4 years after the cause of action accrues.
(2) Whenever any civil or criminal proceeding is instituted by the Attorney General or a state attorney to prevent, restrain, or punish any violation of this chapter, the running of the statute of limitations, with respect to every private right of action arising under this chapter and based in whole or in part on any matter complained of in said proceeding, shall be suspended during the pendency thereof and for 1 year thereafter. Whenever the running of the statute of limitations in respect of a cause of action arising under s. 542.22(1) is suspended hereunder, any action to enforce such cause of action shall be forever barred unless commenced either within the period of suspension or within the period of limitation.”


Inside Florida Antitrust Laws