130th Ohio General Assembly
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H. B. No. 126 -- As Introduced
As Introduced

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


REPRESENTATIVES Seitz, Grendell, Damschroder, Wolpert, Hartnett, Willamowski, Webster, Britton, Lendrum, Boccieri



A BILL
To amend section 1331.12 of the Revised Code to provide a four-year statute of limitation on any civil or criminal action or proceeding under the Antitrust Law.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That section 1331.12 of the Revised Code be amended to read as follows:
Sec. 1331.12.  (A) In any action or proceeding in quo warranto, in injunction, or otherwise brought by the attorney general or a prosecuting attorney under sections 1331.01 to 1331.14 of the Revised Code, all persons, that are party to or participating in the trust or conspiracy against trade violative of such those sections, may be made parties defendant and summoned, whether or not they reside in the county where in which the action or proceeding is instituted. Actions or proceedings in quo warranto and in injunction may be instituted simultaneously, or while one or another of them is pending, such actions or proceedings being started in the proper court as provided in section 1331.11 of the Revised Code, and no action or proceeding in injunction is a bar to a an action or proceeding in quo warranto, nor is a an action or proceeding in quo warranto a bar to one instituted to restrain and enjoin.
No statute of limitation shall prevent or be a bar to any action for the recovery of damages that is brought on behalf of the state or a political subdivision of the state or brought by the state in a parens patriae capacity for the benefit of consumers, to any proceeding in quo warranto or in injunction, or to any other action brought by the attorney general or a prosecuting attorney for any violation of sections 1331.01 to 1331.14 of the Revised Code.
(B) A cause of Any civil or criminal action or proceeding for any a violation of sections 1331.01 to 1331.14 of the Revised Code, other than one upon which an action is was brought by the attorney general or a prosecuting attorney, and other than one upon which action was brought in any court by any person not later than forty-five days after the effective date of this the current amendment, shall be forever barred unless commenced within four years after the cause of action accrued.
Section 2.  That existing section 1331.12 of the Revised Code is hereby repealed.
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