Maine. Statutory Language

Maine Statute 22-33

MAINE STATUTE

MONOPOLIES AND PROFITEERING

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., tit. 10, §§ 1101 to 1108

§ 1101. Contracts in restraint of trade

Every contract, combination in the form of trusts or otherwise, or conspiracy, in

restraint of trade or commerce in this State is declared to be illegal. Whoever makes

any such contract or engages in any such combination or conspiracy is guilty of a

Class C crime.

§ 1102. Conspiracies to monopolize trade

Whoever shall monopolize or attempt to monopolize or combine or conspire

with any other person or persons to monopolize any part of the trade or commerce of

this State shall be guilty of a Class C crime.

§ 1102-A. Acquisition of assets of person engaged in commerce which

tends to create a monopoly

No person engaged in commerce in this State may acquire, directly or indirectly,

the whole or any part of the stock or other share capital, or the whole of any part of

the assets of another person also engaged in commerce in this State, where in any

line of commerce or any activity affecting commerce in any section of this State, the

effect of the acquisition or use of that share capital, or the acquisition of those assets,

may be substantially to lessen competition or tend to create a monopoly.

This section does not apply to persons purchasing these stocks solely for

investment and not using the same by voting or otherwise to bring about, or in

attempting to bring about, the substantial lessening of competition, nor may anything

contained in this section prevent a corporation from causing the formation of

subsidiary corporations for the actual carrying on of their immediate lawful business,

or the natural and legitimate branches or extensions thereof, or from owning and

holding all or a part of the stock of those subsidiary corporations, if the effect of that

formation is not to substantially lessen competition.

This section does not apply to the acquisition of stock, share capital or assets of a

public utility when the acquisition has been approved by the Public Utilities

Commission.

Any financial institution subject to the provisions of Title 9-B is exempt from

this section.

§ 1103. Repealed. Laws 1991, ch. 137, § 1

Maine Statute 22-34

§ 1104. Right of action and damages

1. Right of action and damages. Any person, including the State or any

political subdivision of the State, injured directly or indirectly in its business or

property by any other person or corporation by reason of anything forbidden or

declared to be unlawful by section 1101, 1102 or 1102-A, may sue for the injury in a

civil action. If the court finds for the plaintiff, the plaintiff shall recover 3 times the

amount of the damages sustained and cost of suit, including necessary and reasonable

investigative costs, reasonable experts’ fees and reasonable attorney’s fees.

2. Injunction. The Attorney General may institute proceedings in equity to

prevent and restrain violations of sections 1101, 1102 and 1102-A.

A. These proceedings may be by way of petitions setting forth the case

and praying that the violation shall be enjoined or otherwise prohibited.

B. The action may be advanced on the docket and receive priority over

other cases when the court determines that the interests of justice so require.

C. Pending the petition and before final decree, the court may at any

time make such temporary restraining order or prohibition as considered just under

the circumstances.

D. Any person who violates the terms of an injunction issued under

this section must forfeit and pay to the State, to be applied in carrying out this

chapter, a civil penalty of not more than $50,000 for each violation.

3. Civil penalty. Each course of conduct that constitutes a violation of section

1101 or 1102 is a civil violation for which a civil penalty of not more than $100,000

for each defendant may be adjudged.

A. In any action initiated by the Attorney General pursuant to this

section to prevent and restrain violations of sections 1101 and 1102, the Attorney

General may include an action to recover civil penalties by each defendant for each

course of conduct alleged.

B. An action to recover a civil penalty from a defendant under this

section bars a criminal prosecution pursuant to section 1101 or 1102 against that

defendant for the same course of conduct on which the action to recover the civil

penalty is based.

C. A criminal prosecution against a defendant pursuant to section 1101

or 1102 bars any action to recover a civil penalty under this section from that

defendant for the same course of conduct on which the criminal prosecution is based.

4. Recovery of damages, costs and fees for antitrust violations from any

political subdivision official or employee of a political subdivision acting in an

official capacity. No damages, interest on damages, costs or attorneys’ fees may be

recovered under this chapter from any political subdivision, as defined in Title 14,

section 8102, subsection 3, or official or employee of a political subdivision acting in

an official capacity.

5. Recovery of damages, costs and fees for antitrust violations on claim

against person based on official action directed by political subdivision, or official or

employee of a political subdivision acting in an official capacity. No damages,

interest on damages, costs or attorneys’ fees may be recovered under this chapter in

any claim against a person based on any official action directed by a political