APPROVED CHAPTER
MARCH 14, 2024 538
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
H.P. 1161 - L.D. 1815
An Act to Increase Penalties for Violations of the Law Governing Monopolies
and Profiteering
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA §1104, sub-§1, as amended by PL 1989, c. 367, is further
amended to read:
1. Right of action and damages. Any person, including the State or any political
subdivision of the State, injured directly or indirectly in its business or property by any
other person or corporation by reason of anything forbidden or declared to be unlawful by
section 1101, 1102 or 1102‑A, may sue for the injury in a civil action. If the court finds for
the plaintiff, the plaintiff shall is entitled to recover 3 times the amount of the damages
sustained and cost of suit, including necessary and reasonable investigative costs,
reasonable experts' fees and reasonable attorney's fees. The State may recover equitable
monetary relief, including restitution and disgorgement.
Sec. 2. 10 MRSA §1104, sub-§3, as amended by PL 1991, c. 137, §3, is further
amended to read:
3. Civil penalty. Each course of conduct that constitutes a violation of section 1101
or 1102 is a civil violation for which a civil penalty of not more than $100,000 $250,000
for each defendant may be adjudged.
A. In any action initiated by the Attorney General pursuant to this section to prevent
and restrain violations of sections 1101 and 1102, the Attorney General may include
an action to recover civil penalties by each defendant for each course of conduct
alleged.
B. An action to recover a civil penalty from a defendant under this section bars a
criminal prosecution pursuant to section 1101 or 1102 against that defendant for the
same course of conduct on which the action to recover the civil penalty is based.
C. A criminal prosecution against a defendant pursuant to section 1101 or 1102 bars
any action to recover a civil penalty under this section from that defendant for the same
course of conduct on which the criminal prosecution is based.
Page 1 - 131LR0261(03)
 Sec. 3. 10 MRSA §1109, sub-§3, as amended by PL 1991, c. 488, is further
amended to read:
3. Report. The person acquiring stock or assets under subsection 2 shall provide
notice of this acquisition to the Department of the Attorney General at least 30 90 days
prior to the date of acquisition. That period may be shortened with the consent of the
Attorney General.
Sec. 4. 10 MRSA §1109, sub-§5, as enacted by PL 1989, c. 750, is amended to
read:
5. Penalty. Violation of this section is a civil violation for which a civil penalty not
to exceed $10,000 $50,000 may be assessed.
Page 2 - 131LR0261(03)


Statutes affected:
Bill Text LD 1815, HP 1161: 10.1104, 10.1109
Bill Text ACTPUB , Chapter 538: 10.1104, 10.1109