HB 275: "An Act authorizing certain causes of action for relief for direct or indirect injuries sustained as a result of antitrust violations; repealing the provision limiting to the attorney general the recovery of monetary relief for injury directly or indirectly sustained as a result of an antitrust violation; and relating to criminal and civil penalties for antitrust violations."
00 HOUSE BILL NO. 275 01 "An Act authorizing certain causes of action for relief for direct or indirect injuries 02 sustained as a result of antitrust violations; repealing the provision limiting to the 03 attorney general the recovery of monetary relief for injury directly or indirectly 04 sustained as a result of an antitrust violation; and relating to criminal and civil penalties 05 for antitrust violations." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 45.50.570(e) is amended to read: 08 (e) A person affected directly or indirectly by an act of a director, officer, or 09 trustee may bring an action at any time to cause the director, officer, or trustee who 10 may be occupying the position in violation of this section to terminate the prohibited 11 interlocking relationship. In this subsection, "person" has the meaning given in 12 AS 01.10.060, and includes the state, a political subdivision of the state, including 13 a home rule or general law city or borough, and other governmental entities,
01 including the Alaska Railroad Corporation and the University of Alaska. 02 * Sec. 2. AS 45.50.576(a) is amended to read: 03 (a) A person who is injured directly or indirectly [IN BUSINESS OR 04 PROPERTY] by a violation of AS 45.50.562 - 45.50.570, or a person [SO] injured 05 because the person refuses to accede to a proposal for an arrangement that, if 06 consummated, would be a violation of AS 45.50.562 - 45.50.570, may bring a civil 07 action 08 (1) for damages directly or indirectly sustained by the person, and, if 09 the judgment is for the plaintiff, the plaintiff shall be awarded threefold the amount of 10 damages directly or indirectly sustained by the person, plus the costs of the suit, 11 including reasonable attorney fees; and 12 (2) to enjoin the unlawful practice, and, if the judgment is for the 13 plaintiff, the plaintiff may be awarded costs of the suit, including reasonable attorney 14 fees. 15 * Sec. 3. AS 45.50.576 is amended by adding new subsections to read: 16 (d) A person commencing an action for a violation of this chapter shall, 17 simultaneously with the filing of the complaint with the court, mail a copy of the 18 complaint to the attorney general. 19 (e) In this section, "person" has the meaning given in AS 01.10.060, and 20 includes the state, a political subdivision of the state, including a home rule or general 21 law city or borough, and other governmental entities, including the Alaska Railroad 22 Corporation and the University of Alaska. 23 * Sec. 4. AS 45.50.577(a) is amended to read: 24 (a) The attorney general may bring a civil action [IN SUPERIOR COURT] to 25 secure monetary and equitable relief [AS PROVIDED IN THIS SECTION] on behalf 26 of the state and its agencies injured [EITHER] directly or indirectly by reason of a 27 [ANY] violation of AS 45.50.562 - 45.50.570. 28 * Sec. 5. AS 45.50.577(b) is amended to read: 29 (b) The attorney general may bring a civil action [IN SUPERIOR COURT] in 30 the name of the state, as parens patriae on behalf of [GOVERNMENTAL ENTITIES 31 OR] persons doing business or residing in this state, to secure monetary or equitable
01 relief [AS PROVIDED IN THIS SECTION] for injuries directly or indirectly 02 sustained by persons by reason of a [ANY] violation of AS 45.50.562 - 45.50.570. 03 * Sec. 6. AS 45.50.577(e) is amended to read: 04 (e) In an [ANY] action brought under (b) of this section, the attorney general, 05 at the times, in the manner, and with the content the court directs, shall cause notice of 06 the action to be given by publication. A [ANY GOVERNMENTAL ENTITY OR] 07 person on whose behalf an action is brought under (b) of this section may elect to 08 exclude from civil action the portion of the state claim for [MONETARY] relief 09 attributable to that [GOVERNMENTAL ENTITY OR] person by filing notice of the 10 election with the court within the time specified in the attorney general's notice given 11 in accordance with this subsection. 12 * Sec. 7. AS 45.50.577(f) is amended to read: 13 (f) The final judgment in an action under (a) or (b) of this section is res 14 judicata as to any claim under AS 45.50.576 by a [ANY GOVERNMENTAL 15 ENTITY OR] person on whose behalf the action was brought and who fails to give 16 notice of election to exclude under (e) of this section within the period specified in the 17 attorney general's notice given under (e) of this section. 18 * Sec. 8. AS 45.50.577(h) is amended to read: 19 (h) Monetary relief recovered in an action under this section shall be (1) 20 distributed in the manner the court, in its discretion, authorizes; or (2) deemed a civil 21 penalty by the court and deposited in the general fund, and may be appropriated to the 22 Alaska permanent fund (AS 37.13.010(a)) or for any other public purpose. A 23 distribution procedure authorized by the court under this subsection must afford each 24 [GOVERNMENTAL ENTITY OR] person participating in the civil action a 25 reasonable opportunity to secure that [ENTITY'S OR] person's appropriate portion of 26 the net monetary relief. 27 * Sec. 9. AS 45.50.577 is amended by adding a new subsection to read: 28 (j) In (f) and (h) of this section, "person" has the meaning given in 29 AS 01.10.060, and includes the state, a political subdivision of the state, including a 30 home rule or general law city or borough, and other governmental entities, including 31 the Alaska Railroad Corporation and the University of Alaska.
01 * Sec. 10. AS 45.50.578 is amended to read: 02 Sec. 45.50.578. Criminal and civil penalties [CERTAIN VIOLATIONS 03 CONSTITUTE MISDEMEANOR]. A person who violates AS 45.50.562 or 04 45.50.564 is guilty of a class C felony [MISDEMEANOR] and upon conviction is 05 punishable, 06 (1) if a natural person, by a fine of not more than $1,000,000, 07 notwithstanding AS 12.55.035 [$20,000], or by imprisonment as provided in 08 AS 12.55 [FOR NOT MORE THAN ONE YEAR], or by both; or 09 (2) [AND] if not a natural person, by a fine of not more than 10 $50,000,000, notwithstanding AS 12.55.035 [$50,000]. 11 * Sec. 11. AS 45.50.578 is amended by adding a new subsection to read: 12 (b) In addition to any other relief available, the attorney general may bring a 13 civil action against a person who violates AS 45.50.562 or 45.50.564 or an injunction 14 issued under AS 45.50.580 for a civil penalty of not more than 15 (1) $1,000,000 if the person is a natural person; 16 (2) $50,000,000 if the person is not a natural person. 17 * Sec. 12. AS 45.50.579 is amended to read: 18 Sec. 45.50.579. Proof of aggregate damages. In a civil action brought [BY 19 THE ATTORNEY GENERAL] under AS 45.50.562 - 45.50.596 [AS 45.50.577], the 20 plaintiff [ATTORNEY GENERAL] may recover aggregate damages by using 21 statistical sampling or sampling methods, by the computation of illegal overcharges, or 22 by a similar, reasonable system of estimating aggregate damages that the court, in its 23 discretion, permits, without the necessity of separately proving the individual claim or 24 amount of damage to a person [GOVERNMENTAL ENTITIES OR PERSONS] on 25 whose behalf the civil action was brought. 26 * Sec. 13. AS 45.50.580(b) is amended to read: 27 (b) The court may enter an order or judgment [MAKE ADDITIONAL 28 ORDERS OR JUDGMENTS AS MAY BE NECESSARY] to restore to a person in 29 interest any money or property, real or personal, that may have been acquired by an 30 act prohibited by AS 45.50.562 - 45.50.596, and [AS] may enter an order or 31 judgment [BE NECESSARY] to prevent continuing or future violations of
01 AS 45.50.562 - 45.50.596. In this subsection, "person" has the meaning given in 02 AS 01.10.060, and includes the state, a political subdivision of the state, including 03 a home rule or general law city or borough, and other governmental entities, 04 including the Alaska Railroad Corporation and the University of Alaska. 05 * Sec. 14. AS 45.50.580 is amended by adding a new subsection to read: 06 (c) If the court finds that a business organization, including a corporation, 07 limited liability company, limited partnership, or partnership organized or operating 08 under the law of the state has violated AS 45.50.562 - 45.50.570, the court may order 09 the revocation, forfeiture, or suspension of the business organization's charter, 10 franchise, certificate of authority, privilege, or license, or any combination of them, 11 and may order the dissolution of the business organization. 12 * Sec. 15. AS 45.50.586 is amended to read: 13 Sec. 45.50.586. Judgment [IN FAVOR OF THE STATE] as evidence in 14 another action. A final order or judgment rendered in a civil or criminal action 15 brought [BY THE STATE] under AS 45.50.562 - 45.50.596 is prima facie evidence of 16 liability [AGAINST THE DEFENDANT] in another [ANY OTHER] action under 17 AS 45.50.562 - 45.50.596 brought by another person [PARTY, OR BY THE STATE, 18 A CITY, A BOROUGH, OR OTHER GOVERNMENTAL ENTITY]; however, this 19 section does not apply to consent judgments or decrees entered under AS 45.50.584. 20 In this subsection, "person" has the meaning given in AS 01.10.060, and includes 21 the state, a political subdivision of the state, including a home rule or general law 22 city or borough, and other governmental entities, including the Alaska Railroad 23 Corporation and the University of Alaska. 24 * Sec. 16. AS 45.50.576(b), 45.50.577(i), and 45.50.580(a) are repealed.