Tennessee Antitrust Laws

Tennessee antitrust laws are set forth under Chapter 25 of Title 47 in The Tennessee Code Annotated.  Tenn. Code Ann. § 47-25-106 permits private action.  Under Tenn. Code Ann. § 47-25-103 the Attorney General has the authority to bring a criminal action against the violators of the antitrust laws.  Attorney fees are not addressed in the code. The code does not specify the period of limitation.  Some provisions of the law are stated below:

Tenn. Code Ann. § 47-25-106 reads:

“47-25-106.  Recovery of consideration as remedy for damages.

  Any person who is injured or damaged by any such arrangement, contract, agreement, trust, or combination described in this part may sue for and recover, in any court of competent jurisdiction, from any person operating such trust or combination, the full consideration or sum paid by the person for any goods, wares, merchandise, or articles, the sale of which is controlled by such combination or trust.”

Tenn. Code Ann. § 47-25-103 reads in part:

“47-25-103.  Criminal penalties for violation of §§ 47-25-101, 47-25-102 — Prosecution. 

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(c) The attorney general and reporter has the power to institute criminal proceedings against persons and corporations for violations of the provisions of § 47-25-101 or § 47-25-102, that involve the award of a contract by the state. However, the attorney general and reporter has jurisdiction to institute criminal proceedings that involve violations on contracts awarded by political subdivisions of the state upon the written request of the local district attorney general.”


Inside Tennessee Antitrust Laws