West Virginia Antitrust Laws

West Virginia antitrust law is set forth in the West Virginia Antitrust Act,  46A-1-101 et seq. Section 47-18-9 prescribes that any private person injured by violation of the provisions of this Act can bring an action to recover damages sustained, together with reasonable attorney fees.  Pursuant to Section 47-18-17, the Attorney General is permitted to bring an violations of the West Virginia Act or  federal antitrust laws.  Any action brought to enforce the provisions of this article will be barred unless commenced within four years after the cause of action arose under Section 47-18-11 of this Act.

W. Va. Code § 47-18-9

Any person who shall be injured in his business or property by reason of a violation of the provisions of this article may bring an action therefore and shall recover threefold the damages sustained by him, together with reasonable attorneys’ fees, filing fees and reasonable costs of the action. Reasonable costs of the action may include, but shall not be limited to the expenses of discovery and document reproduction.

W. Va. Code § 47-18-17

(a) The attorney general shall be permitted to bring an action as parens patriae of natural persons who are citizens and residents of this State, under this article, and in proper federal court for violations of the federal antitrust laws or of both this article and the federal antitrust laws, to secure relief as provided under this article and other lawful relief as appropriate.

W. Va. Code § 47-18-11

Any action brought to enforce the provisions of this article shall be barred unless commenced within four years after the cause of action arose, or if the cause of action is based upon a conspiracy in violation of this article, within four years after the plaintiff discovered, or by the exercise of reasonable diligence should have discovered the facts relied upon for proof of the conspiracy. 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 West Virginia Antitrust Laws