Idaho Antitrust Laws

Idaho Competition Act, under Title 48 of the Idaho Code, is the Antitrust law of Idaho.  This Statute permits any injured private person to bring an action.  The relief will also include reasonable attorney fees.  The Attorney General also may bring a civil action in the name of the state as parens patriae on behalf of persons residing in this state.  The Attorney General can also bring an action in the name of the State.  The period of limitation for an action under this Chapter is four years after the cause of action commences.  Any such action will be barred if it is not commenced within one year after the conclusion of an action brought by the state.

Idaho Code § 48-113 – Private causes of action
(1) “Any person injured directly or threatened with direct injury by reason of anything prohibited by this chapter, may bring an action for injunctive relief, damages, and, as determined by the court, reasonable costs and attorney’s fees. The court shall exclude from the amount of monetary relief awarded to a plaintiff under this section any amount which duplicates amounts allocable to any other actual or potential plaintiff including, without limitation, potential claims by the attorney general on behalf of indirect purchasers for the same conduct or injury.”

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Idaho Code § 48-108 – Civil actions and settlements by the attorney general
(1) “Whenever the attorney general has reason to believe that any person is engaging, has engaged, or is about to engage in any act or practice declared unlawful by this chapter, the attorney general may bring an action in the name of the state against that person….”

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“(d) To recover civil penalties of up to fifty thousand dollars ($ 50,000) per violation of section 48-104 or 48-105, Idaho Code, or any injunction, judgment or consent order issued or entered into pursuant to this chapter and reasonable expenses, investigative costs and attorney’s fees;….”

Idaho Code § 48-115 – Statute of limitations
(1) Any action brought by the attorney general pursuant to this chapter is barred if it is not commenced within four (4) years after the cause of action accrues.
(2) Any other action brought pursuant to this chapter is barred if it is not commenced within four (4) years after the cause of action accrues, or within one (1) year after the conclusion of an action brought by the state pursuant to this chapter based in whole or in part on any matter complained of in the subsequent action, whichever is the latter.”

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Inside Idaho Antitrust Laws