(1) Any person, including the state or a public body, threatened with injury to the person’s business or property from a violation of ORS 646.725 or 646.730 may prosecute a suit for equitable relief, and in addition to such relief shall recover the costs of suit, including necessary reasonable investigative costs and reasonable expert fees.
(2) Except as provided in subsection (3) of this section, in an action that a person, other than the state or a public body, brings under the provisions of this section, the court may award reasonable attorney fees to the prevailing party. Except as provided in subsection (3) of this section, in a civil action that the state or a public body brings under the provisions of this section:
(a) The court may award reasonable attorney fees to the state or the public body if the state or public body prevails in the action; and
(b) The court may award reasonable attorney fees to a defendant who prevails in an action under this section if the court determines that the state or the public body had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.
(3) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (2) of this section if the action under this section is maintained as a class action under ORCP 32.