Kentucky Antitrust Laws

The antitrust laws of Kentucky are found in Chapters 365 and 367 of Title XXIX of  the Kentucky Revised Statutes.    Any person can file an action under  § 365.070 and § 367.220 of Kentucky Revised Statutes and can recover reasonable attorney fees.  The person bringing an action under this Chapter must bring such an action within one year after any action of the Attorney General has been terminated or within two years after the cause of action arises, whichever is later.  This limitation period is prescribed in § 367.220 (5).

KRS § 365.070

(1) Any person may maintain an action to enjoin a continuance of any act in violation of any of the provisions of KRS 365.020 to 365.050, and if injured thereby for the recovery of damages. If, in such action, the court finds that the defendant is violating or has violated any of the provisions of KRS 365.020 to 365.050, it shall enjoin the defendant from a continuance thereof. It shall not be necessary that actual damages to the plaintiff be alleged or proved. In addition to such injunctive relief, the plaintiff in the action shall be entitled to recover from the defendant three (3) times the amount of any actual damages sustained. Any defendant in an action brought under this section may be required to testify, and his books and records may be brought into court and introduced, by reference, into evidence, but no information so obtained shall be used against the defendant as a basis for a prosecution under the provisions of subsection (2) of KRS 365.990.
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KRS § 367.220

(1) Any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of a method, act or practice declared unlawful by KRS 367.170, may bring an action under the Rules of Civil Procedure in the Circuit Court in which the seller or lessor resides or has his principal place of business or is doing business, or in the Circuit Court in which the purchaser or lessee of goods or services resides, or where the transaction in question occurred, to recover actual damages. The court may, in its discretion, award actual damages and may provide such equitable relief as it deems necessary or proper. Nothing in this subsection shall be construed to limit a person’s right to seek punitive damages where appropriate.

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(3) In any action brought by a person under this section, the court may award, to the prevailing party, in addition to the relief provided in this section, reasonable attorney’s fees and costs.
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(5) Any person bringing an action under this section must bring such action within one (1) year after any action of the Attorney General has been terminated or within two (2) years after the violation of KRS 367.170, whichever is later.


Inside Kentucky Antitrust Laws