Title 48, MONOPOLIES AND TRADE PRACTICES

48-101. Short title. This act shall be known and may be cited as the "Idaho Competition Act."

48-102. Legislative findings, purpose, interpretation and scope of chapter. (1) The Idaho legislature finds that fair competition is fundamental to the free market system. The unrestrained interaction of competitive forces will yield the best allocation of Idaho’s economic resour…

48-103. Definitions. As used in this act: (1) "Idaho commerce" means any economic activity occurring wholly or partly within the state of Idaho, or which affects economic activity within the state of Idaho. (2) "Person" means any natural person, corporation, partnership, trust, a…

48-104. Unreasonable restraint of trade or commerce. A contract, combination, or conspiracy between two (2) or more persons in unreasonable restraint of Idaho commerce is unlawful.

48-105. Monopolies. It is unlawful to monopolize, attempt to monopolize, or combine or conspire to monopolize any line of Idaho commerce.

48-106. Acquisitions that substantially lessen competition. (1) It is unlawful for a person to acquire, directly or indirectly, the whole or any part of the stock, share capital, or other equity interest or the whole or any part of the assets of, another person engaged in Idaho c…

48-107. Exempt activities. (1) No provision of this chapter shall be construed to prohibit: (a) Activities that are exempt from the operation of the federal antitrust laws. (b) Activities required or affirmatively approved by any statute of this state or of the United States or b…

48-108. Civil actions and settlements by the attorney general. (1) Whenever the attorney general has reason to believe that any person is engaging, has engaged, or is about to engage in any act or practice declared unlawful by this chapter, the attorney general may bring an actio…

48-109. Civil investigations. (1) Whenever the attorney general has reason to believe that a person is engaging or has engaged in any act or practice declared unlawful by this chapter, he may, prior to the institution of a civil proceeding thereon, execute in writing and cause to…

48-110. Failure to obey civil investigative demand or subpoena. (1) If any person fails or refuses to obey any subpoena or civil investigative demand issued by the attorney general, the attorney general may, after notice, apply to the district court and, after a hearing, request …

48-111. Violation of court orders and consent decrees — Penalties. Any person who violates the terms of a consent order entered into pursuant to section 48-108, Idaho Code, or any other judgment or final order entered into under the provisions of this chapter, shall forfeit and p…

48-112. Additional relief of district court authorized. When the state prevails in any action brought under section 48-108, Idaho Code, the court shall award reasonable costs and attorney’s fees to the attorney general. In addition, the court may: (1) Make orders or judgments as …

48-113. Private causes of action. (1) Any person injured directly or threatened with direct injury by reason of anything prohibited by this chapter, may bring an action for injunctive relief, damages, and, as determined by the court, reasonable costs and attorney’s fees. The cour…

48-114. Awards to the attorney general — Use of moneys. All costs and fees recovered by the attorney general under the terms of this chapter shall be remitted to the consumer protection account. Such costs and fees deposited into the consumer protection account under this chapter…

48-115. Statute of limitations. (1) Any action brought by the attorney general pursuant to this chapter is barred if it is not commenced within four (4) years after the cause of action accrues. (2) Any other action brought pursuant to this chapter is barred if it is not commenced…

48-116. Action not barred because it affects interstate or foreign commerce. No action under this chapter shall be barred on the ground that the activity or conduct complained of in any way affects or involves interstate or foreign commerce.

48-117. Service of notice. Service of any notice, civil investigative demand, or subpoena under this chapter shall be made personally within this state, but if personal service cannot be obtained, substituted service may be made by mailing service by registered or certified mail …

48-118. Venue. Any action, application, or motion brought by the attorney general against a person under this chapter may be filed in the district court of the county in which the person resides or has his principal place of business, or with consent of the parties, may be brough…