50-161. Same; damages for violation of act; procedure.
50-161
50-161. Same; damages for violation of act;procedure.(a) As used in this section, the term "person" means anyindividual,corporation, partnership, firm, company or other association of persons, andsuch term shallinclude the state of Kansas and any of its political subdivisions.
(b) Except as provided in K.S.A. 12-205, and amendments thereto, anyperson who may bedamaged or injured by any agreement, monopoly, trust, conspiracy or combinationwhich isdeclared unlawful by any of the acts contained in chapter 50 of the KansasStatutes Annotated,relating to unlawful acts, agreements, monopolies, trusts, conspiracies orcombinations inrestraint of trade, shall have a cause of action against any person causingsuch damage or injury.Such action may be brought by any person who is injured in such person'sbusiness or propertyby reason of anything forbidden or declared unlawful by this act, regardless ofwhether suchinjured person dealt directly or indirectly with the defendant. The plaintiff in any actioncommenced hereunder in the district court of the county wherein such plaintiff resides, or thedistrict court of the county of the defendant's principal place of business, may sue for and recovertreble the damages sustained. In addition, any person who is threatened with injury or additionalinjury by reason of any person's violation of such acts may commence an action in such districtcourt to enjoin any such violation, and any damages suffered may be sued for and recovered inthe same action in addition to injunctive relief. Any suit for injunctiverelief against amunicipality shall be subject to the provisions of K.S.A. 12-205, andamendments thereto.
(c) In any action commenced under this section, the plaintiff may be allowedreasonableattorney fees and costs. The remedies provided herein shall be alternative andin addition to anyother remedies now provided by law.
History: L. 2000, ch. 136, § 24; July 1.