Amends the statute concerning combinations restraining trade as follows: (1) Provides that the attorney general may bring an action for the following on behalf of the state or a political subdivision in connection with a violation of the statute: (A) Appropriate injunctive or other equitable relief, including disgorgement of any gains derived from the violation. (B) A civil penalty. (Current law provides only that the attorney general may bring an action for injuries or damages sustained directly or indirectly by the state or political subdivision as a result of the violation.) (2) Provides that the attorney general may bring an action in the name of the state as parens patriae on behalf of one or more natural persons residing in Indiana for one or more of these same remedies, in connection with a violation of the statute. (3) Specifies that in an action brought under these provisions, the attorney general may recover costs and expenses of the suit, including reasonable attorney's fees and expert fees. (Current law does not specify that the attorney general may recover expenses and expert fees.) (4) Provides that in an action brought under these provisions after June 30, 2023, the attorney general may recover a civil penalty of not more than: (A) $100,000 per violation from any natural person who violates the statute; or (B) $1,000,000 from any other person, other than a natural person, that violates the statute.
Indiana SB 181 (2023) — Cause of action concerning restraint of trade.
Amends the statute concerning combinations restraining trade as follows: (1) Provides that the attorney general may bring an action for the following on behalf of the state or a political subdivision in connection with a violation of the statute: (A) Appropriate injunctive or other equitable relief, including disgorgement of any gains derived from the violation. (B) A civil penalty. (Current law provides only that the attorney general may bring an action for injuries or damages sustained directly or indirectly by the state or political subdivision as a result of the violation.) (2) Provides that the attorney general may bring an action in the name of the state as parens patriae on behalf of one or more natural persons residing in Indiana for one or more of these same remedies, in connection with a violation of the statute. (3) Specifies that in an action brought under these provisions, the attorney general may recover costs and expenses of the suit, including reasonable attorney's fees and expert fees. (Current law does not specify that the attorney general may recover expenses and expert fees.) (4) Provides that in an action brought under these provisions after June 30, 2023, the attorney general may recover a civil penalty of not more than: (A) $100,000 per violation from any natural person who violates the statute; or (B) $1,000,000 from any other person, other than a natural person, that violates the statute.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
Enrolled Senate Bill (S) (committee substitute) — source
Introduced Senate Bill (S) (committee substitute) — source
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