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Sub. H. B. No. 126As Reported by the House Criminal Justice Committee
As Reported by the House Criminal Justice Committee
124th General Assembly | Regular Session | 2001-2002 |
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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 Revised
Code to
provide a four-year
statute of limitation
on any
civil or criminal action or proceeding
under the
Antitrust Law and to increase the amount
of damages in a civil action under that law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1331.08 and 1331.12 of the Revised
Code be
amended to read as
follows:
Sec. 1331.08. In addition to the civil and criminal
penalties provided in sections 1331.01 to 1331.14 of the Revised
Code, the person injured in
his
the person's business or
property
by another
person by reason of anything forbidden or declared to
be unlawful
in
such
those sections, may sue therefor in any court
having
jurisdiction and venue thereof, without respect to the
amount in
controversy, and recover
towfold
treble the damages
sustained by
him
the person and
his
the person's costs of suit.
When it appears to the court, before
which a proceeding under
such
those sections is pending, that the ends
of justice require other
parties to be brought before
such
the court,
the court may cause
them to be made parties defendant and
summoned, whether or not
they reside in the county where
such
the
action is pending.
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 sections 1331.08 and 1331.12 of the
Revised Code
are hereby
repealed.
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