New York Antitrust Laws

New York’s antitrust law, sections 340-347 of New York’s General Business Law, is known as the Donnelly Act and was enacted in 1899.  Through amendment and interpretation the Donnelly Act has come to follow closely the federal Sherman Act, although it differs in some key respects.

The Act prohibits price fixing, bid rigging, territorial and customer allocations, monopolization, boycotts, and tying arrangements, among other practices.   The Act permits the Attorney General to bring an action for civil fines up to $1,000,000 for corporations and $100,000 for individuals.  Private parties may also bring lawsuits to enjoin these practices and obtain treble damages. Violation of the Donnelly Act is also a felony, punishable by a criminal fine of up to $1,000,000 for corporations and up to $100,000 and 4 years imprisonment for individuals.

NY CLS Gen Bus § 340

5. An action to recover damages caused by a violation of this section must be commenced within four years after the cause of action has accrued. The state, or any political subdivision or public authority of the state, or any person who shall sustain damages by reason of any violation of this section, shall recover three-fold the actual damages sustained thereby, as well as costs not exceeding ten thousand dollars, and reasonable attorneys’ fees. At or before the commencement of any civil action by a party other than the attorney-general for a violation of this section, notice thereof shall be served upon the attorney-general. Where the aggrieved party is a political subdivision or public authority of the state, notice of intention to commence an action under this section must be served upon the attorney-general at least ten days prior to the commencement of such action. This section shall not apply to any action commenced prior to the effective date of this act.

NY CLS Gen Bus § 342-a

In lieu of any penalty otherwise prescribed for a violation of a provision of this article and in addition to an action pursuant to section three hundred forty-two of this article, the attorney-general may bring an action in the name and in behalf of the people of the state against any person, trustee, director, manager or other officer or agent of a corporation, or against a corporation, foreign or domestic, to recover a penalty in the sum specified in section three hundred forty-one of this article for the doing in this state of any act herein declared to be illegal, or any act in, toward or for the making or consummation of any contract, agreement, arrangement or combination herein prohibited, wherever the same may have been made. The action must be brought within three years after the commission of the act upon which it is based.

NY CLS Gen Bus § 340

5. An action to recover damages caused by a violation of this section must be commenced within four years after the cause of action has accrued. The state, or any political subdivision or public authority of the state, or any person who shall sustain damages by reason of any violation of this section, shall recover three-fold the actual damages sustained thereby, as well as costs not exceeding ten thousand dollars, and reasonable attorneys’ fees. At or before the commencement of any civil action by a party other than the attorney-general for a violation of this section, notice thereof shall be served upon the attorney-general. Where the aggrieved party is a political subdivision or public authority of the state, notice of intention to commence an action under this section must be served upon the attorney-general at least ten days prior to the commencement of such action. This section shall not apply to any action commenced prior to the effective date of this act.


Inside New York Antitrust Laws