Illinois Compiled Statutes 740 ILCS 10 — Illinois Antitrust Act.

This Act shall be known and may be cited as the Illinois Antitrust Act

This Act shall be known and may be cited as the Illinois Antitrust Act. (Source: Laws 1965, p. 1943.)

The purpose of this Act is to promote the unhampered growth of commerce and industry throughout the State by prohibiting restraints of trade which are secured through monopolistic or oligarchic practices and which act or tend to act to decrease competition between and among persons engaged in commerce and trade, whethe…

Every person shall be deemed to have committed a violation of this Act who shall: (1) Make any contract with, or engage in any combination or conspiracy with, any other person who is, or but for a prior agreement would be, a competitor of such person: a. for the purpose or with the effect of fixing, controlling, or mai…

As used in this Act, unless the context otherwise requires: "Trade or commerce" includes all economic activity involving or relating to any commodity or service

As used in this Act, unless the context otherwise requires: "Trade or commerce" includes all economic activity involving or relating to any commodity or service. "Commodity" shall mean any kind of real or personal property. "Service" shall mean any activity, not covered by the definition of "commodity," which is perfor…

No provisions of this Act shall be construed to make illegal: (1) the activities of any labor organization or of individual members thereof which are directed solely to labor objectives which are legitimate under the laws of either the State of Illinois or the United States; (2) the activities of any agricultural or ho…

Every person who shall knowingly do any of the acts prohibited by subsections (1) and (4) of Section 3 of this Act commits a Class 4 felony and shall be punished by a fine not to exceed $1,000,000 if a corporation, or, if any other person, $100,000. (1) The Attorney General, with such assistance as he may from time to…

The following civil actions and remedies are authorized under this Act: (1) The Attorney General, with such assistance as he may from time to time require of the State's Attorneys in the several counties, shall bring suit in the Circuit Court to prevent and restrain violations of Section 3 of this Act. In such a procee…

Personal service of any process in an action under this Act may be made upon any person outside the State if such person has engaged in conduct in violation of this Act in this State

Personal service of any process in an action under this Act may be made upon any person outside the State if such person has engaged in conduct in violation of this Act in this State. Such persons shall be deemed to have thereby submitted themselves to the jurisdiction of the courts of this State within the meaning of…

(1) Whenever it appears to the Attorney General that any person has engaged in, is engaging in, or is about to engage in any act or practice prohibited by this Act, or that any person has assisted or participated in any agreement or combination of the nature described herein, he may, in his discretion, conduct an inves…

Service of a subpoena of the Attorney General as provided herein may be made by (a) Delivery of a duly executed copy thereof to the person served, or if a person is not a natural person, to the principal place of business of the person to be served, or (b) Mailing by certified mail, return receipt requested, a duly exe…

The examination of all witnesses under this section shall be conducted by the Attorney General or by an assistant attorney general designated by him before an officer authorized to administer oaths in this State. The testimony shall be taken stenographically or by a sound recording device and shall be transcribed. The…

Fees for witnesses; document production

Fees for witnesses; document production. (1) All persons served with a subpoena by the Attorney General under this Act shall be paid the same fees and mileage as paid witnesses in the courts of this State. (2) Where a subpoena requires the production of documentary material, the respondent shall produce the original of…

In the event a witness served with a subpoena by the Attorney General under this Act fails or refuses to obey same or produce documentary material or interrogatory answers as provided herein, or to give testimony, relevant or material, to the investigation being conducted, the Attorney General may petition the Circuit…

In any investigation brought by the Attorney General pursuant to this Act, no individual shall be excused from attending, testifying or producing documentary material, objects or tangible things in obedience to a subpoena or under order of the court on the ground that the testimony or evidence required of him or her ma…

The Attorney General may bring an action on behalf of this State, counties, municipalities, townships and other political subdivisions organized under the authority of this State in Federal Court to recover damages provided for under any comparable provision of Federal law; provided, however, this shall not impair the…

No action under this Act shall be barred on the grounds that the activities or conduct complained of in any way affects or involves interstate or foreign commerce

No action under this Act shall be barred on the grounds that the activities or conduct complained of in any way affects or involves interstate or foreign commerce. (Source: P.A. 76-208.)

A final judgment or order rendered in any civil or criminal proceeding brought by the Attorney General under this Act to the effect that a defendant has violated this Act shall be prima facie evidence against such defendant in any action for damages brought by any other party against such defendant under subsection (2)…

No contract, combination, conspiracy, or other act which violates this Act shall constitute or be deemed a conspiracy at common law

No contract, combination, conspiracy, or other act which violates this Act shall constitute or be deemed a conspiracy at common law. (Source: Laws 1965, p. 1943.)

When the wording of this Act is identical or similar to that of a federal antitrust law, the courts of this State shall use the construction of the federal law by the federal courts as a guide in construing this Act. However, this Act shall not be construed to restrict the exercise by units of local government or schoo…

Jury Trial

Jury Trial. In the trial of all actions brought under this Act for the imposition of criminal sanctions or the recovery of civil penalties or damages, any party, upon timely demand, shall be entitled to a trial by jury. (Source: P.A. 93-351, eff. 1-1-04.)