Public Act 096-0751
 
HB2246 Enrolled LRB096 03554 AJO 13579 b

    AN ACT concerning civil law.
 
    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 and 7.2 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.
    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 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, 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. 93-351, eff. 1-1-04.)
 
    (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 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.
    (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. 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, (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
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, or transcripts, or interrogatory
answers.
    For purposes of this Section, all documentary materials,
transcripts of oral testimony, or answers to interrogatories
obtained by the Attorney General from other law enforcement
officials shall be treated as if produced pursuant to a
subpoena served pursuant to this Section for purposes of
maintaining the confidentiality of such information.
    (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. 93-351, eff. 1-1-04.)

Effective Date: 1/1/2010