New Hampshire Antitrust Laws

Antitrust laws in New Hampshire are generally dealt under Title XXXI, Chapter 356:1 et seq. Pursuant to RSA 356:11, any private person can institute an action or proceeding for injunctive relief for violation of this chapter.  Additionally under Chapter 356:11 (II) any private person can recover the costs of the suit along with reasonable attorney fees.  Pursuant to RSA 356:4-a, an Attorney General can bring an action in the name of the state for violations of any provisions of this chapter.  According to RSA 356:12, a civil action or action commenced to recover a civil penalty or actual damages is barred if not commenced within four years after the cause of action accrues.

RSA 356:11

I.Any person threatened with injury or damage to his business or property by reason of a violation of this chapter may institute an action or proceeding for injunctive relief when and under the same conditions and principles as injunctive relief is granted in other cases.
II. Any person injured in his business or property by reason of a violation of this chapter may recover the actual damages sustained, and as determined by the court, the costs of the suit and reasonable attorney’s fees regardless of whether that person dealt directly or indirectly with the defendant. If the trier of facts finds that the violation is willful or flagrant, they may increase damages to an amount not in excess of 3 times the actual damages sustained.

RSA 356:4-a

I.The attorney general may bring an action in the name of the state for injunctive relief and civil penalties for violations of any provision of this chapter. The action may be brought in the superior court of the county in which the defendant resides or has his principal place of business, or, with the consent of the parties or if the defendant is a nonresident and has no place of business within the state, in the superior court of Merrimack county.
RSA 356:12

I. A civil action commenced pursuant to RSA 356:4-a to recover a civil penalty is barred if not commenced within 4 years after the cause of action accrues.
II. An action commenced pursuant to RSA 356:4-c and RSA 356:11 to recover damages is barred if it is not commenced within 4 years after the cause of action accrues, or within one year after the conclusion of any action or proceeding commenced pursuant to RSA 356:4-a.


Inside New Hampshire Antitrust Laws