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NO. 65. AN ACT RELATING TO UNFAIR METHODS OF COMPETITION.

(H.301)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. STATEMENT OF INTENT

This act clarifies the right of a direct or indirect purchaser to obtain recovery for a violation of the state antitrust law as set forth in chapter 63 of Title 9.

Sec. 2. REDESIGNATION

9 V.S.A. § 2453 is redesignated to read:

§ 2453. PRACTICES PROHIBITED; ANTITRUST AND CONSUMER

FRAUD

Sec. 3. 9 V.S.A. § 2465 is added to read:

§ 2465. ANTITRUST REMEDIES

(a) Any person who sustains damages or injury as a result of any violation of state antitrust laws, including section 2453 of this title, may sue and recover from the violator the amount of his or her damages, or the consideration or the value of the consideration given by the aggrieved person, reasonable attorney's fees and exemplary damages, not exceeding three times the value of the consideration given or damages sustained by the aggrieved person.

(b) In any action for damages or injury sustained as a result of any violation of state antitrust laws, pursuant to section 2453 of this title, the fact that the state, any public agency, political subdivision or any other person has not dealt directly with a defendant shall not bar or otherwise limit recovery. The court shall take all necessary steps to avoid duplicate liability, including but not limited to the transfer or consolidation of all related actions.

Approved: February 8, 2000