North Carolina Antitrust Laws

Antitrust laws in North Carolina are dealt under Article one, Chapter 75-1 et seq.  Pursuant to Section 75-16 of this Act, any private person shall have a right of action to recover damages for violation of the Act.  According to Section 75-15, the Attorney General can bring an action in the name of the State, or any officer or department.  As enumerated in Section 75-16.1 of this Act, any suit instituted by a person who alleges that a violation has occurred can recover a reasonable attorney fees.  Pursuant to N.C. Gen. Stat. § 75-16.2, any civil or criminal action brought under this Chapter shall be barred unless commenced within four years after the cause of action accrues.

N.C. Gen. Stat. § 75-16

If any person shall be injured or the business of any person, firm or corporation shall be broken up, destroyed or injured by reason of any act or thing done by any other person, firm or corporation in violation of the provisions of this Chapter, such person, firm or corporation so injured shall have a right of action on account of such injury done, and if damages are assessed in such case judgment shall be rendered in favor of the plaintiff and against the defendant for treble the amount fixed by the verdict.

N.C. Gen. Stat. § 75-15

It shall be the duty of the Attorney General, upon his ascertaining that the laws have been violated by any trust or public service corporation, so as to render it liable to prosecution in a civil action, to prosecute such action in the name of the State, or any officer or department thereof, as provided by law, or in the name of the State on relation of the Attorney General, and to prosecute all officers or agents or employees of such corporations, whenever in his opinion the interests of the public require it.

N.C. Gen. Stat. § 75-16.1

In any suit instituted by a person who alleges that the defendant violated G.S. 75-1.1, the presiding judge may, in his discretion, allow a reasonable attorney fee to the duly licensed attorney representing the prevailing party, such attorney fee to be taxed as a part of the court costs and payable by the losing party, upon a finding by the presiding judge.

N.C. Gen. Stat. § 75-16.2

Any civil action brought under this Chapter to enforce the provisions thereof shall be barred unless commenced within four years after the cause of action accrues.
When any civil or criminal proceeding shall be commenced by the Attorney General or by any of the district attorneys of the State to prevent, restrain or punish a violation of Chapter 75, the running of the period of limitation with respect to every private right of action arising under Chapter 75 and based in whole or in part on any matter complained of in said proceeding shall be suspended during the pendency thereof and for one year thereafter; provided that when the running of the period of limitation with respect to a cause of action arising under Chapter 75 shall be suspended hereunder, any action to enforce such cause of action shall be barred unless commenced either within the period of suspension or within four years after the cause of action accrued, whichever is later.


Inside North Carolina Antitrust Laws