2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45 - Restraints of Trade › § 28–4507. Damages and injunctive relief for injuries to or within the District of Columbia

§ 28–4507. Damages and injunctive relief for injuries to or within the District of Columbia.
(a)(1) Whenever the District government is injured in its business or property by a violation of this chapter, the Attorney General may, without prejudice to the right of the District to bring similar or identical actions under any other statute, bring a civil action, in the name of the District, in any court of competent jurisdiction.
(2)(A) Remedies in actions brought pursuant to paragraph (1) of this subsection shall be one or more of the following:
(i) Not more than treble damages;
(ii) Other appropriate injunctive or equitable relief, including restitution or an order that any profits, gain, gross receipts, or other benefit derived from the violation be disgorged and paid to the District; and
(iii) Civil penalties.
(B) In any action brought pursuant to paragraph (1) of this subsection, the court may award the District the relief sought and the cost of suit, including reasonable attorney's fees.
(b)(1) Whenever an individual residing in the District is injured in the individual's property by a violation of this chapter, the Attorney General may bring a civil action, in the name of the District as parens patriae, in any court of competent jurisdiction.
(2) Remedies in actions brought pursuant to paragraph (1) of this subsection shall be one or more of the remedies provided in subsection (a)(2) of this section.
(3) Monetary relief recovered on behalf of individuals in an action pursuant to paragraph (1) of this subsection shall be distributed in such manner as the court may authorize, according to procedures approved by the court, except that any distribution procedures approved shall first afford each individual a reasonable opportunity to secure the individual's appropriate portion of the net monetary relief.
(b-1)(1) Any individual who knowingly commits any violation of this chapter shall be liable for civil penalties not to exceed $100,000.
(2) Any person, other than an individual in paragraph (1) of this subsection, that knowingly commits any violation of this chapter shall be liable for civil penalties not to exceed $1 million.
(c)(1) In any action brought pursuant to subsection (b) of this section, the Attorney General shall, at such times, in such manner, and with such content as the court may direct, cause notice to be given by publication. If the court finds that notice given solely by publication would deny due process of law to any individual, the court shall direct further notice to such individual according to the circumstances of the case.
(2) Any individual on whose behalf an action is brought under subsection (b) of this section may elect to exclude from adjudication the portion of the District of Columbia claim for monetary relief attributable to that individual by filing notice of such election with the court within such time as specified in the notice given pursuant to paragraph (1) of this subsection.
(d) In any action under subsection (b) of this section, in which there has been a determination that a defendant violated a provision of this chapter, damages may be proved and assessed in the aggregate by the computation of illegal overcharges, or by such other reasonable system of estimating aggregate damages as the court may permit, without the necessity of separately proving the individual claim of, or amount of damage to, individuals on whose behalf the suit was brought.
(e) The court may award under this section, pursuant to a motion by the District of Columbia promptly made, simple interest on actual damages for the period beginning on the date of service of the pleading of the District of Columbia setting forth a claim under this chapter and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just under the circumstances. In determining whether an award of interest under this section for any period is just under the circumstances, the court shall consider only:
(1) whether the District of Columbia or the opposing party, or either party’s representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted intentionally for delay, or otherwise acted in bad faith;
(2) whether, in the course of the action involved, the District of Columbia or the opposing party, or either party’s representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings; and
(3) whether the District of Columbia or the opposing party, or either party’s representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof.
(Mar. 5, 1981, D.C. Law 3-169, § 2, 27 DCR 5368; Apr. 9, 1997, D.C. Law 11-255, § 27(ee), 44 DCR 1271; Mar. 16, 2021, D.C. Law 23-199, § 2(c), 68 DCR 000760.)
Prior Codifications
1981 Ed., § 28-4507.
Section References
This section is referenced in § 28-4511.