Michigan Antitrust Laws

The Michigan Antitrust Reform Act permits private action by injured persons.  By virtue of MCLS § 445.778 and § 445.778, a private person, an Attorney General, state, political subdivision, or public agency may also bring an action under this Act.  Reasonable attorney fees can be recovered among other awards.  The period of limitation prescribed to commence an action under this Act MCLS § 445.781 is four years.

MCLS § 445.777
Sec. 7 The attorney general or a prosecuting attorney, with the permission of, or at the request of, the attorney general, may bring an action for appropriate injunctive or other equitable relief and civil penalties in the name of the state for a violation of this act. The court may assess for benefit of the state a civil penalty of not more than $50,000.00 for each violation of this act.

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MCLS § 445.778
Sec. 8 (1) The state, a political subdivision, or any public agency threatened with injury or injured directly or indirectly in its business or property by a violation of this act may bring an action for appropriate injunctive or other equitable relief, actual damages sustained by reason of a violation of this act, and, as determined by the court, interest on the damages from the date of the complaint, taxable costs, and reasonable attorney’s fees.
(2) Any other person threatened with injury or injured directly or indirectly in his or her business or property by a violation of this act may bring an action for appropriate injunctive or other equitable relief against immediate irreparable harm, actual damages sustained by reason of a violation of this act, and, as determined by the court, interest on the damages from the date of the complaint, taxable costs, and reasonable attorney’s fees. If the trier of fact finds that the violation is flagrant, it may increase recovery to an amount not in excess of 3 times the actual damages sustained by reason of a violation of this act.

MCLS § 445.781
Sec. 11. (1) An action under section 7 or 9 is barred if not commenced within 4 years after the claim of relief or cause of action accrues.
(2) An action to recover damages under section 8 is barred if not commenced within 4 years after the claim for relief or cause of action accrues, or within 1 year after the conclusion of any timely action brought by the state under section 7, 8(1), or 9 which is based in whole or in part on any matter complained of in the action for damages, whichever is later.


Inside Michigan Antitrust Laws