48-113. PRIVATE CAUSES OF ACTION. (1) Any person injured directly or threatened with direct injury by reason of anything prohibited by this chapter, may bring an action for injunctive relief, damages, and, as determined by the court, reasonable costs and attorney’s fees. The court shall exclude from the amount of monetary relief awarded to a plaintiff under this section any amount which duplicates amounts allocable to any other actual or potential plaintiff including, without limitation, potential claims by the attorney general on behalf of indirect purchasers for the same conduct or injury.
(2) If the district court finds that the violation at issue constituted a per se violation of section 48-104, Idaho Code, or an intentional violation of section 48-105, Idaho Code, it shall increase the recovery to an amount not in excess of three (3) times the damages sustained.
History:
[48-113, added 2000, ch. 148, sec. 3, p. 383.]
Structure Idaho Code
Title 48 - MONOPOLIES AND TRADE PRACTICES
Chapter 1 - IDAHO COMPETITION ACT
Section 48-102 - LEGISLATIVE FINDINGS, PURPOSE, INTERPRETATION AND SCOPE OF CHAPTER.
Section 48-104 - UNREASONABLE RESTRAINT OF TRADE OR COMMERCE.
Section 48-106 - ACQUISITIONS THAT SUBSTANTIALLY LESSEN COMPETITION.
Section 48-107 - EXEMPT ACTIVITIES.
Section 48-108 - CIVIL ACTIONS AND SETTLEMENTS BY THE ATTORNEY GENERAL.
Section 48-109 - CIVIL INVESTIGATIONS.
Section 48-110 - FAILURE TO OBEY CIVIL INVESTIGATIVE DEMAND OR SUBPOENA.
Section 48-111 - VIOLATION OF COURT ORDERS AND CONSENT DECREES — PENALTIES.
Section 48-112 - ADDITIONAL RELIEF OF DISTRICT COURT AUTHORIZED.
Section 48-113 - PRIVATE CAUSES OF ACTION.
Section 48-114 - AWARDS TO THE ATTORNEY GENERAL — USE OF MONEYS.
Section 48-115 - STATUTE OF LIMITATIONS.
Section 48-116 - ACTION NOT BARRED BECAUSE IT AFFECTS INTERSTATE OR FOREIGN COMMERCE.