542.15 – Short Title.
542.15 Short title.—This act shall be known and may be cited as the “Florida Antitrust Act of 1980.” History.—s. 1, ch. 80-28.
542.16 – Purpose.
542.16 Purpose.—The Legislature declares it to be the purpose of this act to complement the body of federal law prohibiting restraints of trade or commerce in order to foster effective competition. It is the intent of the Legislature that this act be liberally construed to accomplish its beneficial purpose. History.—s. 1, ch. 80-28.
542.17 – Definitions.
542.17 Definitions.—Unless a different meaning is clearly indicated by the context, for the purposes of this chapter, the terms defined in this section have the following meanings ascribed to them: (1) “Commodity” means any goods, merchandise, wares, produce, chose in action, land, article of commerce, or other tangible or intangible property, real, personal, or mixed, for use, […]
542.18 – Restraint of Trade or Commerce.
542.18 Restraint of trade or commerce.—Every contract, combination, or conspiracy in restraint of trade or commerce in this state is unlawful. History.—s. 1, ch. 80-28.
542.19 – Monopolization; Attempts, Combinations, or Conspiracies to Monopolize.
542.19 Monopolization; attempts, combinations, or conspiracies to monopolize.—It is unlawful for any person to monopolize, attempt to monopolize, or combine or conspire with any other person or persons to monopolize any part of trade or commerce in this state. History.—s. 1, ch. 80-28.
542.20 – Exemptions.
542.20 Exemptions.—Any activity or conduct exempt under Florida statutory or common law or exempt from the provisions of the antitrust laws of the United States is exempt from the provisions of this chapter. History.—s. 1, ch. 80-28.
542.21 – Penalties for Violation.
542.21 Penalties for violation.— (1) Any natural person who violates any of the provisions of s. 542.18 or s. 542.19 shall be subject to a civil penalty of not more than $100,000. Any other person who violates any of the provisions of s. 542.18 or s. 542.19 shall be subject to a civil penalty of not more […]
542.22 – Suits for Damages.
542.22 Suits for damages.— (1) Any person who shall be injured in her or his business or property by reason of any violation of s. 542.18 or s. 542.19 may sue therefor in the circuit courts of this state and shall recover threefold the damages by her or him sustained, and the cost of suit, including a […]
542.23 – Equitable Remedies.
542.23 Equitable remedies.—In addition to other remedies provided by this chapter, any person shall be entitled to sue for and have injunctive or other equitable relief in the circuit courts of this state against threatened loss or damage by a violation of this chapter. In any action under this section in which the plaintiff substantially prevails, […]
542.235 – Limitations of Actions and Penalties Against Local Governments and Their Officials and Employees.
542.235 Limitations of actions and penalties against local governments and their officials and employees.— (1) No criminal action shall be brought pursuant to s. 542.21(2) against any local government. (2) No civil penalties, damages, interest on damages, costs, or attorneys’ fees shall be recovered under s. 542.21(1) or s. 542.22 from any local government. (3) No injunctive or other […]
542.24 – Consent Decrees and Settlement Agreements.
542.24 Consent decrees and settlement agreements.—In a civil action maintained under this chapter by the Attorney General or a state attorney, any party to such action may petition the court for entry of a consent decree or for approval of a settlement agreement. The proposed decree or agreement shall set out the alleged violations, the future […]
542.25 – Judgment in Favor of State as Prima Facie Evidence.
542.25 Judgment in favor of state as prima facie evidence.—A final judgment or decree entered in any civil or criminal proceeding brought by the Attorney General or a state attorney under s. 542.21 or s. 542.23 to the effect that a defendant has violated s. 542.18 or s. 542.19, or entered in any civil or criminal […]
542.26 – Limitation of Actions.
542.26 Limitation of actions.— (1) Any action brought under s. 542.21 or s. 542.22 must be commenced within 4 years after the cause of action accrues. (2) Whenever any civil or criminal proceeding is instituted by the Attorney General or a state attorney to prevent, restrain, or punish any violation of this chapter, the running of the statute […]
542.27 – Enforcement Authority.
542.27 Enforcement authority.— (1) The Attorney General, or a state attorney with written permission from the Attorney General, acting jointly or independently, may commence and try all criminal prosecutions under this chapter. Criminal prosecutions under this chapter shall be commenced by indictment. With respect to commencement and trial of such prosecutions, the Attorney General or a state […]
542.28 – Civil Investigative Demand.
542.28 Civil investigative demand.— (1) Whenever the Attorney General, or a state attorney with appropriate jurisdiction and with the written consent of the Attorney General, has reason to believe that any person may be in possession, custody, or control of any documentary material, or may have any information, which documentary material or information is relevant to a […]
542.29 – Duty of Public Officers.
542.29 Duty of public officers.—In any investigation and in any criminal or civil action commenced pursuant to this chapter, it shall be the duty of all public officers and their deputies, assistants, clerks, subordinates, or employees to render and furnish to the Attorney General or a state attorney, when so requested, assistance and all information available […]
542.30 – Jurisdiction and Venue.
542.30 Jurisdiction and venue.—Without regard to the amount in controversy, a suit or proceeding brought under this chapter shall be brought in the circuit court in and for any county in which the cause of action arose; in which any defendant resides, is found, or has an agent; or in which any act in furtherance of […]
542.31 – Action Not Barred as Affecting or Involving Interstate or Foreign Commerce.
542.31 Action not barred as affecting or involving interstate or foreign commerce.—No action under this chapter shall be barred on the grounds that the activity or conduct complained of in any way affects or involves interstate or foreign commerce. It is the intent of the Legislature to exercise its powers to the fullest extent consistent with […]
542.32 – Rule of Construction and Coverage.
542.32 Rule of construction and coverage.—It is the intent of the Legislature that, in construing this chapter, due consideration and great weight be given to the interpretations of the federal courts relating to comparable federal antitrust statutes. In particular, the failure to include in this chapter the substantive provisions of s. 3 of the Clayton Act, […]
542.33 – Contracts in Restraint of Trade Valid.
542.33 Contracts in restraint of trade valid.— (1) Notwithstanding other provisions of this chapter to the contrary, each contract by which any person is restrained from exercising a lawful profession, trade, or business of any kind, as provided by subsections (2) and (3) hereof, is to that extent valid, and all other contracts in restraint of trade […]