Public Act 93-0351
HB3468 Enrolled LRB093 10352 LCB 10606 b
AN ACT concerning antitrust.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Antitrust Act is amended by
changing Sections 7, 7.2, 7.5, 7.6, and 7.7 and by adding
Section 12 as follows:
(740 ILCS 10/7) (from Ch. 38, par. 60-7)
Sec. 7. The following civil actions and remedies are
authorized under this Act:
(1) The Attorney General, with such assistance as he may
from time to time require of the State's Attorneys in the
several counties, shall bring suit in the Circuit Court to
prevent and restrain violations of Section 3 of this Act. In
such a proceeding, the court shall determine whether a
violation has been committed, and shall enter such judgment
as it considers necessary to remove the effects of any
violation which it finds, and to prevent such violation from
continuing or from being renewed in the future. The court,
in its discretion, may exercise all powers necessary for this
purpose, including, but not limited to, injunction,
divestiture of property, divorcement of business units,
dissolution of domestic corporations or associations, and
suspension or termination of the right of foreign
corporations or associations to do business in the State of
Illinois.
(2) Any person who has been injured in his business or
property, or is threatened with such injury, by a violation
of Section 3 of this Act may maintain an action in the
Circuit Court for damages, or for an injunction, or both,
against any person who has committed such violation. If, in
an action for an injunction, the court issues an injunction,
the plaintiff shall be awarded costs and reasonable
attorney's fees. In an action for damages, if injury is
found to be due to a violation of subsections (1) or (4) of
Section 3 of this Act, the person injured shall be awarded 3
times the amount of actual damages resulting from that
violation, together with costs and reasonable attorney's
fees. If injury is found to be due to a violation of
subsections (2) or (3) of Section 3 of this Act, the person
injured shall recover the actual damages caused by the
violation, together with costs and reasonable attorney's
fees, and if it is shown that such violation was willful, the
court may, in its discretion, increase the amount recovered
as damages up to a total of 3 times the amount of actual
damages. This State, counties, municipalities, townships and
any political subdivision organized under the authority of
this State, and the United States, are considered a person
having standing to bring an action under this subsection.
The Attorney General may bring an action on behalf of this
State, counties, municipalities, townships and other
political subdivisions organized under the authority of this
State to recover the damages under this subsection or by any
comparable Federal law.
No provision of this Act shall deny any person who is an
indirect purchaser the right to sue for damages. Provided,
however, that in any case in which claims are asserted
against a defendant by both direct and indirect purchasers,
the court shall take all steps necessary to avoid duplicate
liability for the same injury including transfer and
consolidation of all actions. Provided further that no
person other than the Attorney General of this State shall be
authorized to maintain a class action in any court of this
State for indirect purchasers asserting claims under this
Act.
Beginning January 1, 1970, a file setting out the names
of all special assistant attorneys general retained to
prosecute antitrust matters and containing all terms and
conditions of any arrangement or agreement regarding fees or
compensation made between any such special assistant attorney
general and the office of the Attorney General shall be
maintained in the office of the Attorney General, open during
all business hours to public inspection.
Any action for damages under this subsection is forever
barred unless commenced within 4 years after the cause of
action accrued, except that, whenever any action is brought
by the Attorney General for a violation of this Act, the
running of the foregoing statute of limitations, with respect
to every private right of action for damages under the
subsection which is based in whole or in part on any matter
complained of in the action by the Attorney General, shall be
suspended during the pendency thereof, and for one year
thereafter. No cause of action barred under existing law on
July 21, 1965 shall be revived by this Act. In any action
for damages under this subsection the court may, in its
discretion, award reasonable fees to the prevailing defendant
upon a finding that the plaintiff acted in bad faith,
vexatiously, wantonly or for oppressive reasons.
(3) Upon a finding that any domestic or foreign
corporation organized or operating under the laws of this
State has been engaged in conduct prohibited by Section 3 of
this Act, or the terms of any injunction issued under this
Act, a circuit court may, upon petition of the Attorney
General, order the revocation, forfeiture or suspension of
the charter, franchise, certificate of authority or
privileges of any corporation operating under the laws of
this State, or the dissolution of any such corporation.
(4) In lieu of any criminal penalty otherwise prescribed
for a violation of this Act, and in addition to any action
under this Act or any Federal antitrust law, the Attorney
General may bring an action in the name and on behalf of the
people of the State against any person, trustee, director,
manager or other officer or agent of a corporation, or
against a corporation, domestic or foreign, to recover a
penalty not to exceed $1,000,000 $100,000 from every
corporation or $100,000 $50,000 from every other person for
any act herein declared illegal. The action must be brought
within 4 years after the commission of the act upon which it
is based. Nothing in this subsection shall impair the right
of any person to bring an action under subsection (2) of this
Section.
(Source: P.A. 83-1362.)
(740 ILCS 10/7.2) (from Ch. 38, par. 60-7.2)
Sec. 7.2. Whenever it appears to the Attorney General
that any person has engaged in, is engaging in, or is about
to engage in any act or practice prohibited by this Act, or
that any person has assisted or participated in any agreement
or combination of the nature described herein, he may, in his
discretion, conduct an investigation as he deems necessary in
connection with the matter and has the authority prior to the
commencement of any civil or criminal action as provided for
in the Act to subpoena witnesses, and pursuant to a subpoena
(i) compel their attendance for the purpose of examining,
examine them under oath, or (ii) require the production of
any books, documents, records, writings or tangible things
hereafter referred to as "documentary material" which the
Attorney General deems relevant or material to his
investigation, for inspection, reproducing or copying under
such terms and conditions as hereafter set forth, (iii)
require written answers under oath to written
interrogatories, or (iv) require compliance with a
combination of the foregoing. Any subpoena issued by the
Attorney General shall contain the following information:
(a) The statute and section thereof, the alleged
violation of which is under investigation and the general
subject matter of the investigation.
(b) The date and place at which time the person is
required to appear or produce documentary material in his
possession, custody or control or submit answers to
interrogatories in the office of the Attorney General located
in Springfield or Chicago. Said date shall not be less than
10 days from date of service of the subpoena.
(c) Where documentary material is required to be
produced, the same shall be described by class so as to
clearly indicate the material demanded.
The Attorney General is hereby authorized, and may so
elect, to require the production, pursuant to this section,
of documentary material or interrogatory answers prior to the
taking of any testimony of the person subpoenaed., in which
event, Said documentary material shall be made available for
inspection and copying during normal business hours at the
principal place of business of the person served, or at such
other time and place, as may be agreed upon by the person
served and the Attorney General. When documentary material is
demanded by subpoena, said subpoena shall not:
(i) Contain any requirement which would be unreasonable
or improper if contained in a subpoena duces tecum issued by
a court of this State; or
(ii) Require the disclosure of any documentary material
which would be privileged, or which for any other reason
would not be required by a subpoena duces tecum issued by a
court of this State.
(d) The production of documentary material in response
to a subpoena served pursuant to this Section shall be made
under a sworn certificate, in such form as the subpoena
designates, by the person, if a natural person, to whom the
demand is directed or, if not a natural person, by a person
or persons having knowledge of the facts and circumstances
relating to such production, to the effect that all of the
documentary material required by the demand and in the
possession, custody, or control of the person to whom the
demand is directed has been produced and made available to
the custodian. Answers to interrogatories shall be
accompanied by a statement under oath attesting to the
accuracy of the answers.
While in the possession of the Attorney General and under
such reasonable terms and conditions as the Attorney General
shall prescribe: (A) documentary material shall be available
for examination by the person who produced such material or
by any duly authorized representative of such person, and (B)
transcript of oral testimony shall be available for
examination by the person who produced such testimony, or his
or her counsel and (C) answers to interrogatories shall be
available for examination by the person who swore to their
accuracy.
Except as otherwise provided in this Section, no
documentary material or transcripts of oral testimony, or
copies thereof, in the possession of the Attorney General
shall be available for examination by any individual other
than an authorized employee of the Attorney General or other
law enforcement officials, federal or local, without the
consent of the person who produced such material or
transcripts.
(e) No person shall, with intent to avoid, evade,
prevent, or obstruct compliance in whole or in part by any
person with any duly served subpoena of the Attorney General
under this Act, knowingly remove from any place, conceal,
withhold, destroy, mutilate, alter, or by any other means
falsify any documentary material that is the subject of such
subpoena. A violation of this subsection is a Class A
misdemeanor. The Attorney General, with such assistance as
he may from time to time require of the State's Attorneys in
the several counties, shall investigate suspected violations
of this subsection and shall commence and try all
prosecutions under this subsection.
(Source: P.A. 81-1051.)
(740 ILCS 10/7.5) (from Ch. 38, par. 60-7.5)
Sec. 7.5. Fees for witnesses; document production.
(1) All persons served with a subpoena by the Attorney
General under this Act shall be paid the same fees and
mileage as paid witnesses in the courts of this State.
(2) Where a subpoena requires the production of
documentary material, the respondent shall produce the
original of such documentary material, provided, however,
that the Attorney General may agree that copies may be
substituted, in which case the respondent shall have copies
made and produced at the respondent's expense.
(Source: P.A. 76-208.)
(740 ILCS 10/7.6) (from Ch. 38, par. 60-7.6)
Sec. 7.6. In the event a witness served with a subpoena
by the Attorney General under this Act fails or refuses to
obey same or produce documentary material or interrogatory
answers as provided herein, or to give testimony, relevant or
material, to the investigation being conducted, the Attorney
General may petition the Circuit Court of Sangamon or Cook
County, or the county wherein the witness resides for an
order requiring said witness to attend and testify or produce
the documentary material or interrogatory answers demanded;
thereafter, any failure or refusal on the part of the witness
to obey such order of court may be punishable by the court as
a contempt thereof. The court's order shall require the
witness to attend and testify or produce the documentary
material or interrogatory answers, or a combination thereof,
by a specified date, and shall further provide a date
thereafter on which the witness shall show cause in court why
he or she should not be held in contempt of court if he or
she fails to comply. The Attorney General shall cause the
order to be served upon the witness in the manner provided
for service of subpoenas in Section 7.3 of this Act. Service
of the order shall constitute service of process, and no
other form of process is necessary to submit the witness to
the jurisdiction of the court and to require compliance with
the court order.
(Source: P.A. 76-208.)
(740 ILCS 10/7.7) (from Ch. 38, par. 60-7.7)
Sec. 7.7. In any investigation brought by the Attorney
General pursuant to this Act, no individual shall be excused
from attending, testifying or producing documentary material,
objects or tangible things in obedience to a subpoena or
under order of the court on the ground that the testimony or
evidence required of him or her may tend to incriminate him
or subject him to any penalty. No individual shall be
criminally prosecuted or subjected to any criminal penalty
for or on account of (a) any testimony or interrogatory
answers given by him or her, or (b) any documentary material
produced by him or her, as to which he or she would otherwise
have a right not to give or produce by virtue of his or her
right against self-incrimination, in any investigation
brought by the Attorney General pursuant to this Act;
provided no individual so giving testimony or answers or so
producing documentary material testifying shall be exempt
from prosecution or punishment for perjury committed in so
testifying, answering, or producing.
(Source: P.A. 81-1051.)
(740 ILCS 10/12 new)
Sec. 12. Jury Trial. In the trial of all actions
brought under this Act for the imposition of criminal
sanctions or the recovery of civil penalties or damages, any
party, upon timely demand, shall be entitled to a trial by
jury.