Hawaii Antitrust Laws

Title 26, Chapter 480 of the Hawaii Revised Statutes deal with Antritrust  in Hawaii.  Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful under this Chapter.  Hawaii law permits private action by injured persons and consumers to bring an action under this Chapter.  In addition, the State or the Attorney General is also permitted to bring such action.  If the judgment is for the Plaintiff, h/she is entitled to reasonable attorney fees along with other awards.   Any action brought under this Chapter should commence within 4 years after the cause of action accrues.

HRS § 480-2

(d) No person other than a consumer, the attorney general or the director of the office of consumer protection may bring an action based upon unfair or deceptive acts or practices declared unlawful by this section.
(e) Any person may bring an action based on unfair methods of competition declared unlawful by this section.

HRS § 480-13 – Suits by persons injured; amount of recovery, injunctions.

(a) Except as provided in subsections (b) and (c), any person who is injured in the person’s business or property by reason of anything forbidden or declared unlawful by this chapter:

(1) May sue for damages sustained by the person, and, if the judgment is for the plaintiff, the plaintiff shall be awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater, and reasonable attorney’s fees together with the costs of suit; provided that indirect purchasers injured by an illegal overcharge shall recover only compensatory damages, and reasonable attorney’s fees together with the costs of suit in actions not brought under section 480-14(c); and

(2) May bring proceedings to enjoin the unlawful practices, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorney’s fees together with the costs of suit.

(b) Any consumer who is injured by any unfair or deceptive act or practice forbidden or declared unlawful by section 480-2:

(1) May sue for damages sustained by the consumer, and, if the judgment is for the plaintiff, the plaintiff shall be awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater, and reasonable attorney’s fees together with the costs of suit; provided that where the plaintiff is an elder, the plaintiff, in the alternative, may be awarded a sum not less than $5,000 or threefold any damages sustained by the plaintiff, whichever sum is the greater, and reasonable attorney’s fees together with the costs of suit. In determining whether to adopt the $5,000 alternative amount in an award to an elder, the court shall consider the factors set forth in section 480-13.5; and

(2) May bring proceedings to enjoin the unlawful practices, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorney’s fees together with the costs of suit.

HRS § 480-24 – Limitation of actions.

(a) “Any action to enforce a cause of action arising under this chapter shall be barred unless commenced within four years after the cause of action accrues….”

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Inside Hawaii Antitrust Laws