1.Injunctive relief; damages and costs.
Any person damaged or who is threatened with loss or injury by reason of a violation or threatened violation of this chapter
may bring a civil action in the Superior Court in the county where he resides, to prevent, restrain or enjoin such violation
or threatened violation. If in such action a violation or threatened violation of this chapter shall be established, the court
may enjoin and restrain or otherwise prohibit such violation or threatened violation. In such action it shall not be necessary
that actual damages to the plaintiff be alleged or proved. In addition to such injunctive relief, the plaintiff in said action
shall be entitled to recover from the defendant 3 times the amount of actual damages by him sustained and the costs of the
action including reasonable attorneys' fees.
In the event no injunctive relief is sought or required, any person injured by a violation of this chapter may maintain an
action for damages alone in the Superior Court in the county where he resides and the measure of damages in such action shall
be the same as prescribed in subsection 1.
3.Evidence of intent to injure.
In all proceedings under this section, proof of consistent and repeated advertisements, offers to sell or sales of any items
of merchandise by any retailer or wholesaler at less than cost to them as defined in this chapter, said advertisements, offers
to sell and sales thereby forming a pattern of sales below cost, shall be prima facie evidence of intent to injure competitors
and destroy competition.
Data for this page extracted on 10/16/2012 08:20:28.
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