Section 45.50.576. Suits by persons injured; treble damages; costs.

   (a) A person who is injured in business or property by a violation of AS 45.50.562 - 45.50.570, or a person so injured because the person refuses to accede to a proposal for an arrangement that, if consummated, would be a violation of AS 45.50.562 - 45.50.570, may bring a civil action
        (1) for damages sustained by the person, and, if the judgment is for the plaintiff, the plaintiff shall be awarded threefold the amount of damages sustained by the person, plus the costs of the suit, including reasonable attorney fees; and
        (2) to enjoin the unlawful practice, and, if the judgment is for the plaintiff, the plaintiff may be awarded costs of the suit, including reasonable attorney fees.
   (b) If a home rule or general law city or borough or other governmental entity is injured by reason of a violation of AS 45.50.562 - 45.50.570, it may maintain an action in the same manner as prescribed in (a) of this section for an injured person, and the city, borough, or other governmental entity is entitled to the same relief as provided in (a) of this section.
   (c) In a civil action brought under AS 45.50.562 - 45.50.570, if judgment is for the defendant, the defendant shall be awarded the defendant's costs of the suit, including reasonable attorney fees in accordance with rules adopted by the supreme court for awarding costs and attorney fees to prevailing parties in civil actions. If the plaintiff in a civil action brought under this section in which judgment is for the defendant is a class certified under Rule 23, Alaska Rules of Civil Procedure, any award of costs and attorney fees to the defendant
        (1) may be satisfied only through funds, if any, that the class has collected from settlements with or judgments against other defendants; and
        (2) is not a liability of any individual member of the class.

Authorities

45.50.577

Notes

Recent Bills that will modify this

HB 207 ANTITRUST ACTIONS & PENALTIES

References

AS 45.50.577 Enforcement by attorney general.

History

(Sec. 1 ch 53 SLA 1975; am Sec. 2 ch 19 SLA 2003; am Sec. 1 ch 104 SLA 2003)