Illinois Antitrust Laws

The Illinois Antitrust Act, provided under Chapter 740 of the Illinois Statute, provides private action by any injured person for any action violating the provisions of this Act.  A plaintiff is entitled to recover reasonable attorney fees along with other awards.  The Attorney General may also bring an action on behalf of the State.  The period of limitation for commencing an action under this Act is four years.  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.

§ 740 ILCS 10/7.  [Civil actions and remedies]
Sec. 7. The following civil actions and remedies are authorized under this Act:

(1) “The Attorney General, with such assistance as he may from time to time require of the State’s Attorneys in the several counties, shall bring suit in the Circuit Court to prevent and restrain violations of Section 3 of this Act….”

(2) Any person who has been injured in his business or property, or is threatened with such injury, by a violation of Section 3 of this Act [740 ILCS 10/3] may maintain an action in the Circuit Court for damages, or for an injunction, or both, against any person who has committed such violation. If, in an action for an injunction, the court issues an injunction, the plaintiff shall be awarded costs and reasonable attorney’s fees. In an action for damages, if injury is found to be due to a violation of subsections (1) or (4) of Section 3 of this Act [740 ILCS 10/3], the person injured shall be awarded 3 times the amount of actual damages resulting from that violation, together with costs and reasonable attorney’s fees. If injury is found to be due to a violation of subsections (2) or (3) of Section 3 of this Act [740 ILCS 10/3], the person injured shall recover the actual damages caused by the violation, together with costs and reasonable attorney’s fees, and if it is shown that such violation was willful, the court may, in its discretion, increase the amount recovered as damages up to a total of 3 times the amount of actual damages.”

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“Any action for damages under this subsection is forever barred unless commenced within 4 years after the cause of action accrued, except that, whenever any action is brought by the Attorney General for a violation of this Act, the running of the foregoing statute of limitations, with respect to every private right of action for damages under the subsection which is based in whole or in part on any matter complained of in the action by the Attorney General, shall be suspended during the pendency thereof, and for one year thereafter.”
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Inside Illinois Antitrust Laws