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Indiana Antitrust Laws

When we’re in the market for goods and services, we know businesses will attempt to charge as much as they can, while we consumers are trying to pay as little as possible. We typically expect that competition for sales will result in lower prices, but what happens when different companies get together to artificially set prices or supply? Thankfully for consumers, the Hoosier State has laws in place to protect open markets. Here's a brief summary of antitrust laws in Indiana.

Antitrust Laws

Without true and open competition, businesses have little incentive to win customers over, thus allowing them more freedom to raise prices. Therefore, states and the federal government use antitrust laws to discourage collusion as well as certain mergers and acquisitions that may give companies an unfair advantage. Indiana antitrust laws allow citizens to bring private lawsuits against companies and also recover attorneys' fees if they are successful.

Antitrust Law in Indiana

The main provisions of Indiana antitrust laws are highlighted in the table below. Visit FindLaw's Business Regulations section to learn more.

Antitrust Code Section

24-1-1-1, et seq.; 24-1-2-1, et seq.; 24-1-3-1, et seq.

Is a Private Lawsuit Possible?

Yes; attorney general power to enforce

Time Limit to Bring Claim

5 yrs.

Can a Successful Plaintiff Recover Attorneys' Fees?

Yes; treble damages, cost of suit

Antitrust Enforcement

Antitrust laws are intended to protect free trade and commerce from unfair restraints, like price fixing and monopolies. Two federal laws -- the Sherman Act and the Clayton Act -- assist states in prosecuting antitrust cases. Generally, these antitrust statutes are enforced in two ways:

  • A state attorney general may sue on behalf of the state: if the lawsuit is successful, a court can order an injunction prohibiting the practice or ordering fines paid to the consumers to punish the unfair practice; or
  • Competing businesses or consumers themselves may file a private right of action: if the lawsuit is successful, the plaintiff can recover damages for injuries suffered as a result of the unfair practice.

While some states only permit civil charges, others allow criminal charges as well.

Indiana Antitrust Laws: Related Resources

State antitrust laws can overlap with federal laws and are subject to change. If you would like to understand the rules and regulations regarding your business, or if you would like legal assistance with an antitrust case, you can contact an experienced Indiana antitrust attorney. You can also visit FindLaw’s Consumer Protection and Small Business Law sections to learn more about business regulations.

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