Chapter 204: BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS
Subchapter 1: REGULATION OF BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS
§1173. Attorney General and civil remedies
Any franchisee or motor vehicle dealer who suffers financial loss of money or property,
real or personal, or who has been otherwise adversely affected as a result of the
use or employment by a franchisor of an unfair method of competition or an unfair
or deceptive act or any practice declared unlawful by this chapter may bring an action
for damages and equitable relief, including injunctive relief. When the franchisee
or dealer prevails, the court shall award attorney's fees to the franchisee or dealer,
regardless of the amount in controversy, and assess costs against the opposing party.
For the purpose of the award of attorney's fees and costs, whenever the franchisee
or dealer is seeking injunctive or other relief, the franchisee or dealer may be considered
to have prevailed when a judgment or other final order providing equitable relief
is entered in its favor. A final judgment, order or decree rendered against a person
in any civil, criminal or administrative proceeding under the United States antitrust
laws, under the Federal Trade Commission Act, under the Maine Revised Statutes or
under this chapter is regarded as prima facie evidence against the person subject
to the conditions set forth in the United States antitrust laws, 15 United States
Code, Section 16.
1997, c. 521, §6 (AMD)
1975, c. 573, (NEW).
1997, c. 521, §6 (AMD).
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