(740 ILCS 10/3) (from Ch. 38, par. 60-3)
Sec. 3.
Every person shall be deemed to have committed a violation of this
Act who shall:
(1) Make any contract with, or engage in any combination or conspiracy
with, any other person who is, or but for a prior agreement would be, a
competitor of such person:
a. for the purpose or with the effect of fixing, controlling, or
maintaining the price or rate charged for any commodity sold or bought by
the parties thereto, or the fee charged or paid for any service performed
or received by the parties thereto;
b. fixing, controlling, maintaining, limiting, or discontinuing the
production, manufacture, mining, sale or supply of any commodity, or the
sale or supply of any service, for the purpose or with the effect stated in
paragraph a. of subsection (1);
c. allocating or dividing customers, territories, supplies, sales, or
markets, functional or geographical, for any commodity or service; or
(2) By contract, combination, or conspiracy with one or more other
persons unreasonably restrain trade or commerce; or
(3) Establish, maintain, use, or attempt to acquire monopoly power over
any substantial part of trade or commerce of this State for the purpose of
excluding competition or of controlling, fixing, or maintaining prices in
such trade or commerce; or
(4) Lease or make a sale or contract for sale of goods, wares,
merchandise, machinery, supplies, or other commodities, or services (including
master antenna television service),
whether patented or unpatented, for use, consumption, enjoyment, or resale,
or fix a price charged thereof, or discount from, or rebate upon, such
price, on the condition, agreement, or understanding that the lessee or
purchaser thereof shall not use or deal in the goods, wares, merchandise,
machinery, supplies, or other commodity or service (including cable television
service or cable television relay service), of a competitor or
competitors of the lessor or seller, where the effect of such lease, sale
or contract for such sale or such condition, agreement, or understanding
may be to substantially lessen competition or tend to create a monopoly in
any line of commerce; or
(5) Being an employee, officer or agent of any foreign government,
or an employee, officer or agent of a corporation or other entity which does
business with or seeks to do business with any foreign government or instrumentality
thereof; enforce, attempt to enforce, agree to or take action to forward the aims
of, any discriminatory practice by the foreign government which is based on race,
color, creed, national ancestry or sex or on ethnic or religious grounds, where such
conduct, course of conduct, or agreement takes place in whole or in part within
the United States and affects business in this State.
(Source: P.A. 82-219.)
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(740 ILCS 10/5) (from Ch. 38, par. 60-5)
Sec. 5.
No provisions of this Act shall be construed to make illegal:
(1) the activities of any labor organization or of |
| individual members thereof which are directed solely to labor objectives which are legitimate under the laws of either the State of Illinois or the United States;
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(2) the activities of any agricultural or
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| horticultural cooperative organization, whether incorporated or unincorporated, or of individual members thereof, which are directed solely to objectives of such cooperative organizations which are legitimate under the laws of either the State of Illinois or the United States;
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(3) the activities of any public utility, as defined
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| in Section 3-105 of the Public Utilities Act to the extent that such activities are subject to a clearly articulated and affirmatively expressed State policy to replace competition with regulation, where the conduct to be exempted is actively supervised by the State itself;
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(4) the activities of a telecommunications carrier,
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| as defined in Section 13-202 of the Public Utilities Act, to the extent those activities relate to the provision of noncompetitive telecommunications services under the Public Utilities Act and are subject to the jurisdiction of the Illinois Commerce Commission or to the activities of telephone mutual concerns referred to in Section 13-202 of the Public Utilities Act to the extent those activities relate to the provision and maintenance of telephone service to owners and customers;
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(5) the activities (including, but not limited to,
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| the making of or participating in joint underwriting or joint reinsurance arrangement) of any insurer, insurance agent, insurance broker, independent insurance adjuster or rating organization to the extent that such activities are subject to regulation by the Director of Insurance of this State under, or are permitted or are authorized by, the Illinois Insurance Code or any other law of this State;
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(6) the religious and charitable activities of any
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| not-for-profit corporation, trust or organization established exclusively for religious or charitable purposes, or for both purposes;
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(7) the activities of any not-for-profit corporation
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| organized to provide telephone service on a mutual or cooperative basis or electrification on a cooperative basis, to the extent such activities relate to the marketing and distribution of telephone or electrical service to owners and customers;
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(8) the activities engaged in by securities dealers
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| who are (i) licensed by the State of Illinois or (ii) members of the National Association of Securities Dealers or (iii) members of any National Securities Exchange registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended, in the course of their business of offering, selling, buying and selling, or otherwise trading in or underwriting securities, as agent, broker, or principal, and activities of any National Securities Exchange so registered, including the establishment of commission rates and schedules of charges;
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(9) the activities of any board of trade designated
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| as a "contract market" by the Secretary of Agriculture of the United States pursuant to Section 5 of the Commodity Exchange Act, as amended;
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(10) the activities of any motor carrier, rail
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| carrier, or common carrier by pipeline, as defined in the Common Carrier by Pipeline Law of the Public Utilities Act, to the extent that such activities are permitted or authorized by the Act or are subject to regulation by the Illinois Commerce Commission;
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(11) the activities of any state or national bank to
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| the extent that such activities are regulated or supervised by officers of the state or federal government under the banking laws of this State or the United States;
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(12) the activities of any state or federal savings
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| and loan association to the extent that such activities are regulated or supervised by officers of the state or federal government under the savings and loan laws of this State or the United States;
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(13) the activities of any bona fide not-for-profit
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| association, society or board, of attorneys, practitioners of medicine, architects, engineers, land surveyors or real estate brokers licensed and regulated by an agency of the State of Illinois, in recommending schedules of suggested fees, rates or commissions for use solely as guidelines in determining charges for professional and technical services;
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(14) conduct involving trade or commerce (other than
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| import trade or import commerce) with foreign nations unless:
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(a) such conduct has a direct, substantial, and
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| reasonably foreseeable effect:
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(i) on trade or commerce which is not trade
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| or commerce with foreign nations, or on import trade or import commerce with foreign nations; or
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(ii) on export trade or export commerce with
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| foreign nations of a person engaged in such trade or commerce in the United States; and
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(b) such effect gives rise to a claim under the
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| provisions of this Act, other than this subsection (14).
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If this Act applies to conduct referred to in this
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| subsection (14) only because of the provisions of paragraph (a)(ii), then this Act shall apply to such conduct only for injury to export business in the United States which affects this State;
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(15) the activities of a unit of local government or
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| school district and the activities of the employees, agents and officers of a unit of local government or school district; or
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(16) the activities of a manufacturer, manufacturer
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| clearinghouse, or any entity developing, implementing, operating, participating in, or performing any other activities related to a manufacturer e-waste program approved pursuant to the Consumer Electronics Recycling Act, to the extent that such activities are permitted or authorized by this Act or are subject to regulation by the Consumer Electronics Recycling Act and are subject to the jurisdiction of and regulation by the Illinois Pollution Control Board or the Illinois Environmental Protection Agency; this paragraph does not limit, preempt, or exclude the jurisdiction of any other commission, agency, or court system to adjudicate personal injury or workers' compensation claims.
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(Source: P.A. 100-592, eff. 6-22-18; 100-863, eff. 8-14-18; 101-81, eff. 7-12-19.)
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(740 ILCS 10/6) (from Ch. 38, par. 60-6)
Sec. 6.
Every person who shall knowingly do any of the acts prohibited by
subsections (1) and (4) of Section 3 of this Act commits a Class 4
felony and shall be punished by a fine not to exceed $1,000,000 if a corporation,
or, if any other person, $100,000.
(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
investigate suspected criminal violations of this Act and shall commence
and try all prosecutions under this Act. Prosecutions under this Act may
be commenced by complaint, information, or indictment. With respect to
the commencement and trial of such prosecutions, the Attorney General
shall have all of the powers and duties vested by law in State's
Attorneys with respect to criminal prosecutions generally.
(2) A prosecution for any offense in violation of Section 6 of this
Act must be commenced within 4 years after the commission thereof.
(3) The Attorney General shall not commence prosecutions under this
Act against any defendant who, at the time, is a defendant with regard
to any current pending complaint, information or indictment filed by the
United States for violation, or alleged violation, of the Federal
Anti-Trust Statutes (including but not being limited, Act of July 2,
1890, Ch. 647, 26 U.S.Stat. 209, 15 U.S.C.A., Secs. 1-7; Act of Oct. 15,
1914, Ch. 323, 38 U.S.Stat. 730, 15 U.S.C.A. Secs. 12-27, 44; Act of
August 17, 1937, Ch. 690, Title VIII, 50 U.S.Stat. 693, 15 U.S.C.A. Sec.
1; Act of July 7, 1955, Ch. 281, 69 U.S.Stat. 282, 15 U.S.C.A. Secs.
1-3; Act of May 26, 1938, Ch. 283, 52 U.S.Stat. 446, 15 U.S.C.A. Sec.
13-C; and any similar Acts passed in the future) involving substantially
the same subject matter.
(Source: P.A. 83-238.)
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(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.
The Attorney General may also bring an action in the name of this State, as parens patriae on behalf of persons residing in this State, to recover the damages under this subsection or any comparable federal law. The powers granted in this Section are in addition to and not in derogation of the common law powers of the Attorney General to act as parens patriae. 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 shall be authorized to maintain a class
action in any court of this State for indirect purchasers asserting claims
under this Act, with the sole exception of this State's Attorney General, who may maintain an action parens patriae as provided in this subsection.
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 from every
corporation or $100,000 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. 96-751, eff. 1-1-10.)
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(740 ILCS 10/7.2) (from Ch. 38, par. 60-7.2)
Sec. 7.2. (1) 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 them under oath, (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.
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(b) The date and place at which time the person is
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| 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.
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(c) Where documentary material is required to be
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| produced, the same shall be described by class so as to clearly indicate the material demanded.
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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. 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
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| unreasonable or improper if contained in a subpoena duces tecum issued by a court of this State; or
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(ii) require the disclosure of any documentary
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| 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.
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(2) 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, (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,
transcripts of oral testimony, or answers to interrogatories, 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, State, or local, without the consent of the person who produced
such material, transcripts, or interrogatory answers. Such documentary material, transcripts of oral testimony, or answers to interrogatories, or copies thereof may be used by the Attorney General in any administrative or judicial action or proceeding.
For purposes of this Section, all documentary materials, transcripts of oral testimony, answers to interrogatories obtained by the Attorney General from other law enforcement officials, information voluntarily produced to the Attorney General for purposes of any investigation conducted under subsection (1), or information provided to the Attorney General pursuant to the notice requirement of Section 7.2a shall be treated as if produced pursuant to a subpoena served pursuant to this Section for purposes of maintaining the confidentiality of such information.
The changes made by this amendatory Act of the 103rd General Assembly are inoperative on and after January 1, 2027.
(3) 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. 103-526, eff. 1-1-24.)
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(740 ILCS 10/7.2a) (Section scheduled to be repealed on January 1, 2027) Sec. 7.2a. Notification to the Attorney General. (a) As used in this Section: "Acquisition" means an agreement, arrangement, or activity the consummation of which results in a person acquiring directly or indirectly the control of another person. "Acquisition" includes the acquisition of voting securities and noncorporate interests, such as assets, capital stock, membership interests, or equity interests. "Contracting affiliation" means the formation of a relationship between 2 or more entities that permits the entities to negotiate jointly with health carriers or third-party administrators over rates for professional medical services, or for one entity to negotiate on behalf of the other entity with health carriers or third-party administrators over rates for professional medical services. "Contracting affiliation" does not include arrangements among entities under common ownership. "Covered transaction" means any merger, acquisition, or contracting affiliation between 2 or more health care facilities or provider organizations not previously under common ownership or contracting affiliation. "Health care facility" means the following facilities, organizations, and related persons: (1) An ambulatory surgical treatment center required |
| to be licensed under the Ambulatory Surgical Treatment Center Act.
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(2) An institution, place, building, or agency
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| required to be licensed under the Hospital Licensing Act.
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(3) A hospital, ambulatory surgical treatment center,
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| or kidney disease treatment center maintained by the State or any department or agency thereof.
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(4) A kidney disease treatment center, including a
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| free-standing hemodialysis unit required to meet the requirements of 42 CFR 494 in order to be certified for participation in Medicare and Medicaid under Titles XVIII and XIX of the federal Social Security Act of 1935.
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(5) An institution, place, building, or room used for
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| the performance of outpatient surgical procedures that is leased, owned, or operated by or on behalf of an out-of-state facility.
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(6) An institution, place, building, or room used for
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| provision of a health care category of service, as defined under the Illinois Health Facilities Planning Act, including, but not limited to, cardiac catheterization and open heart surgery.
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With the exception of those health care facilities specifically included in this Section, nothing in this Section shall be intended to include facilities operated as a part of the practice of a physician or other licensed health care professional, whether practicing in his or her individual capacity or within the legal structure of any partnership, medical or professional corporation, or unincorporated medical or professional group. Further, this Section shall not apply to physicians or other licensed health care professional's practices where such practices are carried out in a portion of a health care facility under contract with such health care facility by a physician or by other licensed health care professionals, whether practicing in his or her individual capacity or within the legal structure of any partnership, medical or professional corporation, or unincorporated medical or professional groups, unless the entity constructs, modifies, or establishes a health care facility as specifically defined in this Section.
"Health care services revenue" means the total revenue received for health care services in the previous 12 months.
"Health carriers" has the meaning given to that term in Section 10 of the Health Carrier External Review Act.
"Illinois health care entity" means a health care facility or provider organization that has an office in or is doing business in this State.
"Merger" means the consolidation of 2 or more organizations, including 2 or more organizations joining through a common parent organization or 2 or more organizations forming a new organization, but does not include a corporate reorganization.
"Out-of-state health care entity" means a health care facility or provider organization that is not headquartered in this State and does not do business in this State.
"Provider organization" means a corporation, partnership, business trust, association, or organized group of persons, whether incorporated or not, which is in the business of health care delivery or management and that represents 20 or more health care providers in contracting with health carriers or third-party administrators for the payment of health care services. "Provider organization" includes physician organizations, physician-hospital organizations, independent practice associations, provider networks, and accountable care organizations.
"Third-party administrator" means an entity that administers payments for health care services on behalf of a client in exchange for an administrative fee.
(b) Health care facilities or provider organizations that are party to a covered transaction shall provide notice of such transaction to the Attorney General no later than 30 days prior to the transaction closing or effective date of the transaction.
Covered transactions between an Illinois health care entity and an out-of-state health care entity must provide notice under this subsection where the out-of-state entity generates $10,000,000 or more in annual revenue from patients residing in this State.
(c) The written notice provided by the parties under subsection (b) shall be provided as follows:
(1) For any health care facility or provider
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| organization that is a party to a covered transaction and files a premerger notification with the Federal Trade Commission or the United States Department of Justice, in compliance with the Hart-Scott-Rodino Antitrust Improvements Act of 1976, 15 U.S.C. 18a, the notice requirement is satisfied by providing a copy of such filing to the Attorney General at the same time as it is provided to the federal government.
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(2) For any health care facility that is a party to a
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| covered transaction that is not described in paragraph (1), the notice requirement is satisfied when the healthcare facility files an application for a change of ownership with the Health Facilities and Services Review Board, in compliance with the Illinois Health Facilities Planning Act. The Health Facilities and Services Review Board shall provide a copy of such filing to the Attorney General at the same time as it is provided to the applicable State legislators under subsection (a) of Section 8.5 of the Illinois Health Facilities Planning Act.
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(3) For any health care facility or provider
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| organization that is a party to a covered transaction that is not described in paragraph (1) or (2), written notice provided by the parties must include:
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(A) the names of the parties and their current
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(B) identification of all locations where health
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| care services are currently provided by each party;
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(C) a brief description of the nature and purpose
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| of the proposed transaction; and
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(D) the anticipated effective date of the
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Nothing in this subsection prohibits the parties to a covered transaction from voluntarily providing additional information to the Attorney General.
(d) The Attorney General may make any requests for additional information from the parties that is relevant to its investigation of the covered transaction within 30 days of the date notice is received under subsections (b) and (c). If the Attorney General requests additional information, the covered transaction may not proceed until 30 days after the parties have substantially complied with the request. Any subsequent request for additional information by the Attorney General shall not further delay the covered transaction from proceeding. Nothing in this Section precludes the Attorney General from conducting an investigation or enforcing State or federal antitrust laws at a later date.
(e) Any health care facility or provider organization that fails to comply with any provision of this Section is subject to a civil penalty of not more than $500 per day for each day during which the health care facility or provider organization is in violation of this Section.
Whenever the Attorney General has reason to believe that a health care facility or provider organization has engaged in or is engaging in a covered transaction without complying with the provisions of this Section, the Attorney General may apply for and obtain, in an action in the Circuit Court of Sangamon or Cook County, a temporary restraining order or injunction, or both, prohibiting the health care facility or provider organization from continuing its noncompliance or doing any act in furtherance thereof. The court may make such further orders or judgments, at law or in equity, as may be necessary to remedy such noncompliance.
Before bringing such an action or seeking to recover a civil penalty, the Attorney General shall permit the health care facility or provider organization to come into compliance with this Section within 10 days of being notified of its alleged noncompliance. The right to cure noncompliance does not exist on or after the covered transaction's proposed or actual closing date of the covered transaction, whichever is sooner.
(f) This Section is repealed on January 1, 2027.
(Source: P.A. 103-526, eff. 1-1-24.)
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