§1.17 1. Treble Damage Actions

• Jurisdiction: New York

1. Treble Damage Actions⁸⁹

Section 340(5) of the GBL authorizes damage actions based on contracts declared by GBL § 340 to be illegal and void. Treble damage actions may be instituted by and on behalf of private parties and by the attorney general on behalf of the state and local governments. The treble damage provisions was derived primarily from § 4 of the Clayton Act, and federal standing and antitrust injury rules have been applied to Donnelly Act treble damage actions due to their derivation from the federal antitrust laws.⁹⁰

The New York Court of Appeals has emphasized that damages should not be merely speculative or imaginary, but reasonably certain and directly traceable to a breach of contract or other violation by the defendant.⁹¹ The Court has also stated that when damages cannot be calculated with certainty, all evidence related to the nature and probable amounts of the damages may be placed before the trier of fact to enable them to make the most logical and accurate estimate possible; lack of...