§47-18-1. Short Title
This article shall be known and may be cited as the "West Virginia Antitrust Act."
§47-18-10. Final Judgment in Civil Proceeding as Prima Facie Evidence
A final judgment rendered in any civil proceeding brought by the state for violation of this article to the effect that a defendant has violated said article shall be prima facie evidence against such defendant in any proceeding brought by any other party against such defendant pursuant to section eight of this article, as to […]
§47-18-11. Limitation of Actions
Any action brought to enforce the provisions of this article shall be barred unless commenced within four years after the cause of action arose, or if the cause of action is based upon a conspiracy in violation of this article, within four years after the plaintiff discovered, or by the exercise of reasonable diligence should […]
§47-18-12. Suspension of Limitation Period
Whenever any civil proceeding shall be commenced by the state to prevent, restrain or punish a violation of this article, the running of the statute of limitations in respect of every private right of action arising under this article and based in whole or in part on any matter complained of in said proceeding shall […]
§47-18-13. Cumulative Remedies
The remedies provided in this article shall be cumulative.
§47-18-14. Cooperation With Federal Government and Other States
The Attorney General may cooperate with officials of the federal government and the several states in the enforcement of this article.
§47-18-15. Venue
Actions or proceedings under this article may be brought in the circuit court of any county in which an act on which the action or proceeding is based occurred, or in any county in which the respondent or defendant resides or transacts business.
§47-18-16. Judicial Construction
This article shall be construed liberally and in harmony with ruling judicial interpretations of comparable federal antitrust statutes.
§47-18-17. Attorney General to Bring Actions on Behalf of State Residents; Procedures Used in Such Actions; Damages
(a) The Attorney General shall be permitted to bring an action as parens patriae of natural persons who are citizens and residents of this state, under this article, and in proper federal court for violations of the federal antitrust laws or of both this article and the federal antitrust laws, to secure relief as provided […]
§47-18-18. Disposition of Funds
All civil penalties exacted pursuant to this article, unless otherwise specifically provided for, shall be paid into the state Treasury for the use of the antitrust enforcement fund.
§47-18-19. Antitrust Enforcement Fund
All money received by the state as a result of actions by the Attorney General pursuant to this article or to the federal antitrust laws shall be placed in a separate fund by the state Treasurer, to be known as the antitrust enforcement fund, and shall be used solely for the payment of fees, costs […]
§47-18-2. Definitions
As used in this article, unless the context otherwise requires: (a) "Person" shall mean any natural person or persons, or any corporation, partnership, company, trust or association of persons. (b) "Trade or commerce" shall include all economic activity involving or relating to any commodity or service. (c) "Commodity" shall mean any kind of real or […]
§47-18-20. Rules and Regulations
The Attorney General may make and adopt such rules and regulations as may be necessary for the enforcement and administration of this article.
§47-18-21. Cooperation by Public Agencies, Officials and Employees
It shall be the duty of all public officers, their deputies, assistants, clerks, subordinates and employees, to render and furnish to the Attorney General, his deputy or other designated representative, when so requested, all information and assistance in their possession and within their power for the enforcement of the provisions of this article.
§47-18-22. Assurances of Voluntary Compliance
In the administration of this article, the Attorney General may accept an assurance of voluntary compliance with respect to any method, act or practice deemed to be a violation of this article from any person who has engaged or was about to engage in such method, act or practice. Such assurance may include a stipulation […]
§47-18-23. Severability
If, for any reason, any section, sentence, clause, phrase or provision of this article or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other sections, sentences, clauses, phrases or provisions or their application to any other person or circumstance, and to this end, […]
§47-18-3. Contracts and Combinations in Restraint of Trade
(a) Every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce in this state shall be unlawful. (b) Without limiting the effect of subsection (a) of this section, the following shall be deemed to restrain trade or commerce unreasonably and are unlawful: (1) A contract, combination or […]
§47-18-4. Establishment, Maintenance or Use of Monopoly
The establishment, maintenance or use of a monopoly or an attempt to establish a monopoly of trade or commerce, any part of which is within this state, by any persons for the purpose of excluding competition or controlling, fixing or maintaining prices is unlawful.
§47-18-5. Exemptions
(a) Labor of a human being is not a commodity or an article of commerce. (b) Nothing in this article shall be construed to forbid the existence and operation of any labor, agricultural or horticultural organization instituted for the purpose of mutual help, while lawfully carrying out its legitimate objects; or the existence or operation […]
§47-18-6. General Powers and Duties of Attorney General
The Attorney General shall investigate suspected violations of, and institute such proceedings as are hereinafter provided for violation of the provisions of this article. The Attorney General may direct the county prosecutor of any county in which such proceedings may be brought to aid and assist him in the conduct of such investigation and proceedings.