(a) Any affected party, including the District of Columbia, shall have standing to file a civil suit in a court of competent jurisdiction for a violation of this chapter and to seek a remedy, including declaratory and injunctive relief. If the District of Columbia is the plaintiff, it may seek remedies on its own behalf, on behalf of all residents of the District of Columbia, or both.
(b) If a judge of a court of competent jurisdiction finds that there has been excessive pricing in a suit filed by an affected party, the judge shall levy the appropriate civil penalties and may order, if supported by the evidence:
(1) Temporary, preliminary, or permanent injunctions to enjoin the sales of prescription drugs in the District at excessive prices;
(2) Appropriate fines for each violation;
(3) Damages, including treble damages;
(4) Reasonable attorney's fees;
(5) The cost of litigation; or
(6) Any other relief the court deems proper.
CREDIT(S)
(Dec. 10, 2005, D.C. Law 16-37, § 2, 52 DCR 9061.)
This chapter has been held unconstitutional in the case of Pharmaceutical Research and Mfrs. of America v. District of Columbia, 2005, 406 F.Supp.2d 56, 78 U.S.P.Q.2d 1822, affirmed 496 F.3d 1362, 83 U.S.P.Q.2d 1639, rehearing and rehearing en banc denied 505 F.3d 1343, 85 U.S.P.Q.2d 1144.
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-37, see notes following § 28-4551.