As Reported by the House Criminal Justice Committee

124th General Assembly
Regular Session
2001-2002
Sub. H. B. No. 126


REPRESENTATIVES Seitz, Grendell, Damschroder, Wolpert, Hartnett, Willamowski, Webster, Britton, Lendrum, Boccieri, Womer Benjamin, Latta, DePiero, Faber, Perry



A BILL
To amend sections 1331.08 and 1331.12 of the Revised1
Code to provide a four-year statute of limitation2
on any civil or criminal action or proceeding3
under the Antitrust Law and to increase the amount4
of damages in a civil action under that law.5


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 1331.08 and 1331.12 of the Revised6
Code be amended to read as follows:7

       Sec. 1331.08.  In addition to the civil and criminal8
penalties provided in sections 1331.01 to 1331.14 of the Revised9
Code, the person injured in histhe person's business or property10
by another person by reason of anything forbidden or declared to11
be unlawful in suchthose sections, may sue therefor in any court12
having jurisdiction and venue thereof, without respect to the13
amount in controversy, and recover towfoldtreble the damages14
sustained by himthe person and histhe person's costs of suit.15
When it appears to the court, before which a proceeding under such16
those sections is pending, that the ends of justice require other17
parties to be brought before suchthe court, the court may cause18
them to be made parties defendant and summoned, whether or not19
they reside in the county where suchthe action is pending.20

       Sec. 1331.12.  (A) In any action or proceeding in quo21
warranto, in injunction, or otherwise brought by the attorney22
general or a prosecuting attorney under sections 1331.01 to23
1331.14 of the Revised Code, all persons,that are party to or24
participating in the trust or conspiracy against trade violative25
of suchthose sections, may be made parties defendant and26
summoned, whether or not they reside in the county wherein which27
the action or proceeding is instituted. Actions or proceedings in28
quo warranto and in injunction may be instituted simultaneously,29
or while one or another of them is pending, such actions or30
proceedings being started in the proper court as provided in31
section 1331.11 of the Revised Code, and no action or proceeding32
in injunction is a bar to aan action or proceeding in quo33
warranto, nor is aan action or proceeding in quo warranto a bar34
to one instituted to restrain and enjoin.35

       No statute of limitation shall prevent or be a bar to any36
action for the recovery of damages that is brought on behalf of37
the state or a political subdivision of the state or brought by38
the state in a parens patriae capacity for the benefit of39
consumers, to any proceeding in quo warranto or in injunction, or40
to any other action brought by the attorney general or a41
prosecuting attorney for any violation of sections 1331.01 to42
1331.14 of the Revised Code.43

       (B) A cause ofAny civil or criminal action or proceeding for44
anya violation of sections 1331.01 to 1331.14 of the Revised45
Code, other than one upon which an action iswas brought by the46
attorney general or a prosecuting attorney, and other than one47
upon which action was brought in any court by any person not later48
than forty-five days after the effective date of thisthe current49
amendment, shall be forever barred unless commenced within four50
years after the cause of action accrued.51

       Section 2.  That existing sections 1331.08 and 1331.12 of the52
Revised Code are hereby repealed.53