Hawaii Revised Statutes
480. Monopolies; Restraint of Trade
480-3.1 Civil penalty.

§480-3.1 Civil penalty. Any person, firm, company, association, or corporation violating any of the provisions of section 480-2 shall be fined a sum of not less than $500 nor more than $10,000 for each violation, which sum shall be collected in a civil action brought by the attorney general or the director of the office of consumer protection on behalf of the State. The penalties provided in this section are cumulative to the remedies or penalties available under all other laws of this State. Each day that a violation of section 480-2 occurs shall be a separate violation. [L 1968, c 10, §2; am L 1975, c 92, §1 and c 156, §1; am L 1986, c 9, §1]
Case Notes
Divestiture is not available remedy in private action. 518 F.2d 913.
Where the State brought an action against several pharmaceutical companies for allegedly deceptive drug marketing, and the pharmaceutical companies sought an injunction against the state court litigation on the basis that it violated their First Amendment rights, the appellate court found that: (1) although the state proceeding was being litigated by private counsel, it was still an action brought by the State; (2) the State's action had been brought under this section, which punishes those who engage in deceptive acts in commerce; and (3) the state court litigation was a quasi-criminal enforcement proceeding and, therefore, the Younger abstention barred a federal court from interfering. 979 F.3d 732 (2020).
Upon determination that person, while acting on behalf of corporation owned and operated by that person, violated §480-2, court must order person and corporation to each bear separate liability for separate civil fines rather than imposing joint and several liability for one civil fine. 9 H. App. 106, 826 P.2d 879.
Discussed: 907 F. Supp. 2d 1188 (2012).

Structure Hawaii Revised Statutes