Illinois General Assembly - Illinois Compiled Statutes

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740 ILCS 10/7

(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.)