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Texas Antitrust Laws

Texas antitrust laws are set forth in The Texas Free Enterprise and Antitrust Act of 1983 .  Tex. Bus. & Com. Code § 15.21 permits private action, and attorney fees.  Also, Tex. Bus. & Com. Code § 15.21 permits intervention by the Attorney General in a private action.  According to Tex. Bus. & Com. Code § 15.25, period of limitation is four year generally, and a one year  limitation is applicable in cases where there was already an action conducted by the state.  The private party should file the suit within one year of the conclusion of the case by the state.  Some Texas antitrust provisions are stated below:

Tex. Bus. & Com. Code § 15.21

“§ 15.21.  Suits by Injured Persons or Governmental Entities
(a) Suit to Recover Damages.
(1) Any person or governmental entity, including the State of Texas and
any of its political subdivisions or tax-supported institutions, whose
business or property has been injured by reason of any conduct declared
unlawful in Subsection (a), (b), or (c) of Section 15.05 of this Act
may sue any person, other than a municipal corporation, in district
court in any county of this state in which any of the named defendants
resides, does business, or maintains its principal office or in any
county in which any of the named plaintiffs resided at the time the
cause of action or any part thereof arose and shall recover actual
damages sustained, interest on actual damages for the period beginning
on the date of service of such person’s pleading setting forth a claim
under the antitrust laws and ending on the date of judgment (the rate
of such interest to be in accordance with Texas law regarding
postjudgment interest rates and the amount of interest to be adjusted
by the court if it finds that the award of all or part of such interest
is unjust in the circumstances), and the cost of suit, including a
reasonable attorney’s fee; provided, however, that if the trier of
fact finds that the unlawful conduct was willful or flagrant, it shall
increase the recovery to threefold the damages sustained and the cost
of suit, including a reasonable attorney’s fee; provided that interest
on actual damages as specified above may not be recovered when
recovered damages are increased threefold.”
Tex. Bus. & Com. Code § 15.25

“§ 15.25.  Limitation of Actions
(a) Any suit to recover damages under Section 15.21 of this Act is barred unless filed within four years after the cause of action accrued or within one year after the conclusion of any action brought by the state under Section 15.20 or 15.22 of this Act based in whole or in part on the same conduct, whichever is longer. For the purpose of this subsection, a cause of action for a continuing violation is considered to accrue at any and all times during the period of the violation.”

Inside Texas Antitrust Laws