CHAPTER 336
SB 52 – FINAL VERSION
06/27/07 2327CofC
06/27/07 2384eba
2007 SESSION
06/04
SENATE BILL 52
AN ACT relative to authorizing the attorney general to bring actions for violations of New Hampshire combination and monopolies law.
SPONSORS: Sen. Foster, Dist 13; Sen. Gottesman, Dist 12; Sen. Clegg, Dist 14; Rep. Lasky, Hills 26
COMMITTEE: Commerce, Labor and Consumer Protection
The bill authorizes the attorney general to bring actions for violations of New Hampshire combination and monopolies law.
This bill is a request of the department of justice.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06/27/07 2327CofC
06/27/07 2384eba
07-1156
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to authorizing the attorney general to bring actions for violations of New Hampshire combination and monopolies law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
336:1 Civil Remedies and Enforcement. Amend RSA 356:4-a to read as follows:
356:4-a Civil Remedies and Enforcement. Notwithstanding the provisions of RSA 356:4[,]:
I. The attorney general may bring an action in the name of the state for injunctive relief and civil penalties for violations of any provision of this chapter. The action may be brought in the superior court of the county in which the defendant resides or has his principal place of business, or, with the consent of the parties or if the defendant is a nonresident and has no place of business within the state, in the superior court of Merrimack county.
II. The attorney general is authorized to bring an action for violations of this chapter as parens patriae on behalf of natural persons residing in the state. Whether the injured persons dealt directly or indirectly with the defendant shall not bar this action or otherwise limit recovery.
336:2 State Remedies. Amend RSA 356:4-b to read as follows:
356:4-b State Remedies. In any action brought pursuant to RSA 356:4-a the superior court may assess, for the benefit of the state, a civil penalty of not more than $25,000 for each violation of any provision of this chapter. The superior court may also grant mandatory injunctions reasonably necessary to eliminate restrictions in trade or commerce declared unlawful by this chapter. In any such action, the state shall be entitled to recover the costs of the action. In any action brought pursuant to RSA 356:4-a, II, the state shall recover actual damages sustained, and as determined by the court, the costs of the suit and reasonable attorney’s fees. If the trier of facts finds that the violation is willful or flagrant, the court shall award as much as 3 times, but not less than 2 times the actual damages.
336:3 Actual Damages. Amend RSA 356:4-c to read as follows:
356:4-c Actual Damages. The state, a political subdivision thereof, or any public agency injured in its business or property by reason of a violation of this chapter may recover the actual damages sustained and the costs of the suit including reasonable attorney’s fees. The state, political subdivision, or public agency shall recover regardless of whether it dealt directly or indirectly with the defendant.
336:4 Private Enforcement. Amend RSA 356:11, II to read as follows:
II. Any person injured in his business or property by reason of a violation of this chapter may recover the actual damages sustained, and as determined by the court, the costs of the suit and reasonable attorney's fees regardless of whether that person dealt directly or indirectly with the defendant. If the trier of facts finds that the violation is willful or flagrant, they may increase damages to an amount not in excess of 3 times the actual damages sustained.
336:5 Effective Date. This act shall take effect January 1, 2008.
Approved: July 16, 2007
Effective: January 1, 2008