Illinois Antitrust Act
Illinois · Civil Liabilities · §§ 740-10-1 to 740-10-9 · 22 sections
Overview
This act is a state antitrust law that prohibits restraints of trade and commerce, monopolization and attempts to monopolize, conduct whose purpose or effect is to restrain trade or substantially lessen competition, and price discrimination in commercial transactions, subject to stated exceptions and limits on its application. Enforcement runs through both public and private channels: the attorney general may investigate suspected violations by subpoena and written interrogatory and bring actions in the state's own name, as parens patriae, or in federal court on behalf of state and local government, while private parties injured in their business or property may sue for treble damages. Available remedies and mechanisms include injunctive relief, civil penalties, forfeiture of a franchise, entity liability for the acts of its agents, attachment, and defined limitation periods governing when a cause of action accrues.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- 740 ILCS 10/1This Act shall be known and may be cited as the Illinois Antitrust Act
- 740 ILCS 10/11When the wording of this Act is identical or similar to that of a federal antitrust law, the courts of this State shall use the construction of the federal law by the federal courts as a guide in construing this Act
- 740 ILCS 10/12Jury Trial
- 740 ILCS 10/13Antitrust Enforcement Fund
- 740 ILCS 10/2Civil Liabilities › 740 ILCS 10 — Illinois Antitrust Act
- 740 ILCS 10/3Every person shall be deemed to have committed a violation of this Act who shall: (1) Make any contract with, or engage in any combination or conspiracy with, any other person who is, or but for a prior agreement would be, a competitor of such person: a
- 740 ILCS 10/4As used in this Act, unless the context otherwise requires: "Trade or commerce" includes all economic activity involving or relating to any commodity or service
- 740 ILCS 10/5Civil Liabilities › 740 ILCS 10 — Illinois Antitrust Act
- 740 ILCS 10/6Every person who shall knowingly do any of the acts prohibited by subsections (1) and (4) of Section 3 of this Act commits a Class 4 felony and shall be punished by a fine not to exceed $1,000,000 if a corporation, or, if any other person, $100,000
- 740 ILCS 10/7Civil Liabilities › 740 ILCS 10 — Illinois Antitrust Act
- 740 ILCS 10/7.1Personal service of any process in an action under this Act may be made upon any person outside the State if such person has engaged in conduct in violation of this Act in this State
- 740 ILCS 10/7.2Civil Liabilities › 740 ILCS 10 — Illinois Antitrust Act
- 740 ILCS 10/7.2aNotification to the Attorney General
- 740 ILCS 10/7.3Civil Liabilities › 740 ILCS 10 — Illinois Antitrust Act
- 740 ILCS 10/7.4The examination of all witnesses under this section shall be conducted by the Attorney General or by an assistant attorney general designated by him before an officer authorized to administer oaths in this State
- 740 ILCS 10/7.5Fees for witnesses; document production
- 740 ILCS 10/7.6Civil Liabilities › 740 ILCS 10 — Illinois Antitrust Act
- 740 ILCS 10/7.7Civil Liabilities › 740 ILCS 10 — Illinois Antitrust Act
- 740 ILCS 10/7.8Civil Liabilities › 740 ILCS 10 — Illinois Antitrust Act
- 740 ILCS 10/7.9No action under this Act shall be barred on the grounds that the activities or conduct complained of in any way affects or involves interstate or foreign commerce
- 740 ILCS 10/8Civil Liabilities › 740 ILCS 10 — Illinois Antitrust Act
- 740 ILCS 10/9No contract, combination, conspiracy, or other act which violates this Act shall constitute or be deemed a conspiracy at common law
Enacted in other states
Connecticut, Delaware, Florida, Maryland, New Jersey, New Mexico, Rhode Island, Virginia, West Virginia
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