Illinois General Assembly - Full Text of HB3468
Illinois General Assembly

Previous General Assemblies

Full Text of HB3468  93rd General Assembly

HB3468ham002 93rd General Assembly



                                     LRB093 10352 LCB 14225 a

 1                    AMENDMENT TO HOUSE BILL 3468

 2        AMENDMENT NO.     .  Amend House Bill 3468  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Illinois  Antitrust  Act is amended by
 5    changing Sections 7, 7.2, 7.5, 7.6, and  7.7  and  by  adding
 6    Section 12 as follows:

 7        (740 ILCS 10/7) (from Ch. 38, par. 60-7)
 8        Sec.  7.   The  following  civil actions and remedies are
 9    authorized under this Act:
10        (1)  The Attorney General, with such assistance as he may
11    from time to time require of the  State's  Attorneys  in  the
12    several  counties,  shall  bring suit in the Circuit Court to
13    prevent and restrain violations of Section 3 of this Act.  In
14    such  a  proceeding,  the  court  shall  determine  whether a
15    violation has been committed, and shall enter  such  judgment
16    as  it  considers  necessary  to  remove  the  effects of any
17    violation which it finds, and to prevent such violation  from
18    continuing  or  from being renewed in the future.  The court,
19    in its discretion, may exercise all powers necessary for this
20    purpose,  including,  but   not   limited   to,   injunction,
21    divestiture  of  property,  divorcement  of  business  units,
22    dissolution  of  domestic  corporations  or associations, and
                            -2-      LRB093 10352 LCB 14225 a
 1    suspension  or  termination   of   the   right   of   foreign
 2    corporations  or  associations to do business in the State of
 3    Illinois.
 4        (2)  Any person who has been injured in his  business  or
 5    property,  or  is threatened with such injury, by a violation
 6    of Section 3 of this  Act  may  maintain  an  action  in  the
 7    Circuit  Court  for  damages,  or for an injunction, or both,
 8    against any person who has committed such violation.  If,  in
 9    an  action for an injunction, the court issues an injunction,
10    the  plaintiff  shall  be  awarded   costs   and   reasonable
11    attorney's  fees.   In  an  action  for damages, if injury is
12    found to be due to a violation of subsections (1) or  (4)  of
13    Section  3 of this Act, the person injured shall be awarded 3
14    times the  amount  of  actual  damages  resulting  from  that
15    violation,  together  with  costs  and  reasonable attorney's
16    fees.  If injury is  found  to  be  due  to  a  violation  of
17    subsections  (2)  or (3) of Section 3 of this Act, the person
18    injured shall  recover  the  actual  damages  caused  by  the
19    violation,  together  with  costs  and  reasonable attorney's
20    fees, and if it is shown that such violation was willful, the
21    court may, in its discretion, increase the  amount  recovered
22    as  damages  up  to  a  total of 3 times the amount of actual
23    damages.  This State, counties, municipalities, townships and
24    any political subdivision organized under  the  authority  of
25    this  State,  and  the United States, are considered a person
26    having standing to bring an  action  under  this  subsection.
27    The  Attorney  General  may bring an action on behalf of this
28    State,  counties,   municipalities,   townships   and   other
29    political  subdivisions organized under the authority of this
30    State to recover the damages under this subsection or by  any
31    comparable Federal law.
32        No  provision of this Act shall deny any person who is an
33    indirect purchaser the right to sue for  damages.   Provided,
34    however,  that  in  any  case  in  which  claims are asserted
                            -3-      LRB093 10352 LCB 14225 a
 1    against a defendant by both direct and  indirect  purchasers,
 2    the  court  shall take all steps necessary to avoid duplicate
 3    liability  for  the  same  injury  including   transfer   and
 4    consolidation  of  all  actions.   Provided  further  that no
 5    person other than the Attorney General of this State shall be
 6    authorized to maintain a class action in any  court  of  this
 7    State  for  indirect  purchasers  asserting claims under this
 8    Act.
 9        Beginning January 1, 1970, a file setting out  the  names
10    of  all  special  assistant  attorneys  general  retained  to
11    prosecute  antitrust  matters  and  containing  all terms and
12    conditions of any arrangement or agreement regarding fees  or
13    compensation made between any such special assistant attorney
14    general  and  the  office  of  the  Attorney General shall be
15    maintained in the office of the Attorney General, open during
16    all business hours to public inspection.
17        Any action for damages under this subsection  is  forever
18    barred  unless  commenced  within  4 years after the cause of
19    action accrued, except that, whenever any action  is  brought
20    by  the  Attorney  General  for  a violation of this Act, the
21    running of the foregoing statute of limitations, with respect
22    to every private  right  of  action  for  damages  under  the
23    subsection  which  is based in whole or in part on any matter
24    complained of in the action by the Attorney General, shall be
25    suspended during the  pendency  thereof,  and  for  one  year
26    thereafter.   No cause of action barred under existing law on
27    July 21, 1965 shall be revived by this Act.   In  any  action
28    for  damages  under  this  subsection  the  court may, in its
29    discretion, award reasonable fees to the prevailing defendant
30    upon a  finding  that  the  plaintiff  acted  in  bad  faith,
31    vexatiously, wantonly or for oppressive reasons.
32        (3)  Upon   a   finding  that  any  domestic  or  foreign
33    corporation organized or operating under  the  laws  of  this
34    State  has been engaged in conduct prohibited by Section 3 of
                            -4-      LRB093 10352 LCB 14225 a
 1    this Act, or the terms of any injunction  issued  under  this
 2    Act,  a  circuit  court  may,  upon  petition of the Attorney
 3    General, order the revocation, forfeiture  or  suspension  of
 4    the   charter,   franchise,   certificate   of  authority  or
 5    privileges of any corporation operating  under  the  laws  of
 6    this State, or the dissolution of any such corporation.
 7        (4)  In lieu of any criminal penalty otherwise prescribed
 8    for  a  violation  of this Act, and in addition to any action
 9    under this Act or any Federal  antitrust  law,  the  Attorney
10    General  may bring an action in the name and on behalf of the
11    people of the State against any  person,  trustee,  director,
12    manager  or  other  officer  or  agent  of  a corporation, or
13    against a corporation, domestic  or  foreign,  to  recover  a
14    penalty   not   to  exceed  $1,000,000  $100,000  from  every
15    corporation or $100,000 $50,000 from every other  person  for
16    any  act herein declared illegal.  The action must be brought
17    within 4 years after the commission of the act upon which  it
18    is  based.  Nothing in this subsection shall impair the right
19    of any person to bring an action under subsection (2) of this
20    Section.
21    (Source: P.A. 83-1362.)

22        (740 ILCS 10/7.2) (from Ch. 38, par. 60-7.2)
23        Sec. 7.2.  Whenever it appears to  the  Attorney  General
24    that  any  person has engaged in, is engaging in, or is about
25    to engage in any act or practice prohibited by this  Act,  or
26    that any person has assisted or participated in any agreement
27    or combination of the nature described herein, he may, in his
28    discretion, conduct an investigation as he deems necessary in
29    connection with the matter and has the authority prior to the
30    commencement  of any civil or criminal action as provided for
31    in the Act to subpoena witnesses, and pursuant to a  subpoena
32    (i)  compel  their  attendance  for the purpose of examining,
33    examine them under oath, or (ii) require  the  production  of
                            -5-      LRB093 10352 LCB 14225 a
 1    any  books,  documents,  records, writings or tangible things
 2    hereafter referred to as  "documentary  material"  which  the
 3    Attorney   General   deems   relevant   or  material  to  his
 4    investigation, for inspection, reproducing or  copying  under
 5    such  terms  and  conditions  as  hereafter  set forth, (iii)
 6    require   written   answers    under    oath    to    written
 7    interrogatories,   or   (iv)   require   compliance   with  a
 8    combination of the foregoing.  Any  subpoena  issued  by  the
 9    Attorney General shall contain the following information:
10        (a)  The   statute   and  section  thereof,  the  alleged
11    violation of which is under  investigation  and  the  general
12    subject matter of the investigation.
13        (b)  The  date  and  place  at  which  time the person is
14    required to appear or produce  documentary  material  in  his
15    possession,   custody   or   control  or  submit  answers  to
16    interrogatories in the office of the Attorney General located
17    in Springfield or Chicago. Said date shall not be  less  than
18    10 days from date of service of the subpoena.
19        (c)  Where   documentary   material  is  required  to  be
20    produced, the same shall be  described  by  class  so  as  to
21    clearly indicate the material demanded.
22        The  Attorney  General  is  hereby authorized, and may so
23    elect, to require the production, pursuant to  this  section,
24    of documentary material or interrogatory answers prior to the
25    taking  of  any testimony of the person subpoenaed., in which
26    event, Said documentary material shall be made available  for
27    inspection  and  copying  during normal business hours at the
28    principal place of business of the person served, or at  such
29    other  time  and  place,  as may be agreed upon by the person
30    served and the Attorney General. When documentary material is
31    demanded by subpoena, said subpoena shall not:
32        (i)  Contain any requirement which would be  unreasonable
33    or  improper if contained in a subpoena duces tecum issued by
34    a court of this State; or
                            -6-      LRB093 10352 LCB 14225 a
 1        (ii)  Require the disclosure of any documentary  material
 2    which  would  be  privileged,  or  which for any other reason
 3    would not be required by a subpoena duces tecum issued  by  a
 4    court of this State.
 5        (d)  The  production  of documentary material in response
 6    to a subpoena served pursuant to this Section shall  be  made
 7    under  a  sworn  certificate,  in  such  form as the subpoena
 8    designates, by the person, if a natural person, to  whom  the
 9    demand  is  directed or, if not a natural person, by a person
10    or persons having knowledge of the  facts  and  circumstances
11    relating  to  such  production, to the effect that all of the
12    documentary material  required  by  the  demand  and  in  the
13    possession,  custody,  or  control  of the person to whom the
14    demand is directed has been produced and  made  available  to
15    the   custodian.    Answers   to   interrogatories  shall  be
16    accompanied by  a  statement  under  oath  attesting  to  the
17    accuracy of the answers.
18        While in the possession of the Attorney General and under
19    such  reasonable terms and conditions as the Attorney General
20    shall prescribe: (A) documentary material shall be  available
21    for  examination  by the person who produced such material or
22    by any duly authorized representative of such person, and (B)
23    transcript  of  oral  testimony  shall   be   available   for
24    examination by the person who produced such testimony, or his
25    or  her  counsel  and (C) answers to interrogatories shall be
26    available for examination by the person who  swore  to  their
27    accuracy.
28        Except   as   otherwise  provided  in  this  Section,  no
29    documentary material or transcripts  of  oral  testimony,  or
30    copies  thereof,  in  the  possession of the Attorney General
31    shall be available for examination by  any  individual  other
32    than  an authorized employee of the Attorney General or other
33    law enforcement officials,  federal  or  local,  without  the
34    consent   of   the  person  who  produced  such  material  or
                            -7-      LRB093 10352 LCB 14225 a
 1    transcripts.
 2        (e)  No  person  shall,  with  intent  to  avoid,  evade,
 3    prevent, or obstruct compliance in whole or in  part  by  any
 4    person  with any duly served subpoena of the Attorney General
 5    under this Act, knowingly remove  from  any  place,  conceal,
 6    withhold,  destroy,  mutilate,  alter,  or by any other means
 7    falsify any documentary material that is the subject of  such
 8    subpoena.   A  violation  of  this  subsection  is  a Class A
 9    misdemeanor.  The Attorney General, with such  assistance  as
10    he  may from time to time require of the State's Attorneys in
11    the several counties, shall investigate suspected  violations
12    of   this   subsection   and   shall  commence  and  try  all
13    prosecutions under this subsection.
14    (Source: P.A. 81-1051.)

15        (740 ILCS 10/7.5) (from Ch. 38, par. 60-7.5)
16        Sec. 7.5.  Fees for witnesses; document production.
17        (1)  All persons served with a subpoena by  the  Attorney
18    General  under  this  Act  shall  be  paid  the same fees and
19    mileage as paid witnesses in the courts of this State.
20        (2)  Where  a  subpoena  requires   the   production   of
21    documentary   material,  the  respondent  shall  produce  the
22    original of such  documentary  material,  provided,  however,
23    that  the  Attorney  General  may  agree  that  copies may be
24    substituted, in which case the respondent shall  have  copies
25    made and produced at the respondent's expense.
26    (Source: P.A. 76-208.)

27        (740 ILCS 10/7.6) (from Ch. 38, par. 60-7.6)
28        Sec.  7.6.  In the event a witness served with a subpoena
29    by the Attorney General under this Act fails  or  refuses  to
30    obey  same  or  produce documentary material or interrogatory
31    answers as provided herein, or to give testimony, relevant or
32    material, to the investigation being conducted, the  Attorney
                            -8-      LRB093 10352 LCB 14225 a
 1    General  may  petition  the Circuit Court of Sangamon or Cook
 2    County, or the county wherein  the  witness  resides  for  an
 3    order requiring said witness to attend and testify or produce
 4    the  documentary  material or interrogatory answers demanded;
 5    thereafter, any failure or refusal on the part of the witness
 6    to obey such order of court may be punishable by the court as
 7    a contempt thereof.  The  court's  order  shall  require  the
 8    witness  to  attend  and  testify  or produce the documentary
 9    material or interrogatory answers, or a combination  thereof,
10    by  a  specified  date,  and  shall  further  provide  a date
11    thereafter on which the witness shall show cause in court why
12    he or she should not be held in contempt of court  if  he  or
13    she  fails  to  comply.  The Attorney General shall cause the
14    order to be served upon the witness in  the  manner  provided
15    for service of subpoenas in Section 7.3 of this Act.  Service
16    of  the  order  shall  constitute  service of process, and no
17    other form of process is necessary to submit the  witness  to
18    the  jurisdiction of the court and to require compliance with
19    the court order.
20    (Source: P.A. 76-208.)

21        (740 ILCS 10/7.7) (from Ch. 38, par. 60-7.7)
22        Sec. 7.7.  In any investigation brought by  the  Attorney
23    General  pursuant to this Act, no individual shall be excused
24    from attending, testifying or producing documentary material,
25    objects or tangible things in  obedience  to  a  subpoena  or
26    under  order of the court on the ground that the testimony or
27    evidence required of him or her may tend to  incriminate  him
28    or  subject  him  to  any  penalty.  No  individual  shall be
29    criminally prosecuted or subjected to  any  criminal  penalty
30    for  or  on  account  of  (a)  any testimony or interrogatory
31    answers given by him or her, or (b) any documentary  material
32    produced by him or her, as to which he or she would otherwise
33    have  a  right not to give or produce by virtue of his or her
                            -9-      LRB093 10352 LCB 14225 a
 1    right  against  self-incrimination,  in   any   investigation
 2    brought  by  the  Attorney  General  pursuant  to  this  Act;
 3    provided  no  individual so giving testimony or answers or so
 4    producing documentary material  testifying  shall  be  exempt
 5    from  prosecution  or  punishment for perjury committed in so
 6    testifying, answering, or producing.
 7    (Source: P.A. 81-1051.)

 8        (740 ILCS 10/12 new)
 9        Sec. 12.  Jury  Trial.   In  the  trial  of  all  actions
10    brought  under  this  Act  for  the  imposition  of  criminal
11    sanctions  or the recovery of civil penalties or damages, any
12    party, upon timely demand, shall be entitled to  a  trial  by
13    jury.".