New Jersey Antitrust Laws

Antitrust law in New Jersey is found in Title 56, Chapter 9, also known as the “New Jersey Antitrust Act”.  Pursuant to N.J. Stat. § 56:9-10, any private person can institute proceedings for injunctive relief against a party violating the Act.  Furthermore,  if the court issues a permanent injunction, the plaintiff will be awarded reasonable attorney fees.  

The Attorney General can institute proceeding against the violators of the provisions of this act pursuant to N.J. Stat. § 56:9-6, 56:9-7 and 56:9-10.  An action to enforce the provisions of this Act will be barred unless commenced within four years, pursuant to N.J. Stat. § 56:9-14.

N.J. Stat. § 56:9-10

a. The Superior Court shall have jurisdiction to prevent and restrain violations of this act. The Attorney General may institute proceedings to prevent and restrain violations. In addition to granting prohibitory injunctions and other restraints for a period and upon terms and conditions necessary to deter the defendant from, and insure against, the committing of a future violation of this act, the court may grant mandatory injunctions reasonably necessary to restore and preserve competition in the trade or commerce affected by the violation. The court may issue temporary restraining orders or prohibitions and the court may proceed in a summary manner.

b. Any person may institute proceedings for injunctive relief, temporary or permanent in the Superior Court against threatened loss or damage to his property or business by a violation of this act, when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity, under the rules governing such proceedings, and upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue. If the court issues a permanent injunction, the plaintiff shall be awarded reasonable attorneys’ fees, filing fees and reasonable costs of suit. Reasonable costs of suit may include, but shall not be limited to the expenses of discovery and document reproduction.
N.J. Stat. § 56:9-14

Any action brought to enforce the provisions of this act shall be barred unless commenced within 4 years after the cause of action arose, or if the cause of action is based upon a conspiracy in violation of this act, within 4 years after the plaintiff discovered, or by the exercise of reasonable diligence should have discovered the facts relied upon for proof of the conspiracy. No cause of action barred on the effective date of this act shall be revived by this act. For the purpose of this section, a cause of action for a continuing violation is deemed to arise at any time during the period of such violation.


Inside New Jersey Antitrust Laws