Idaho Code
Idaho Code

Idaho Code § 48-204 (2026)

Rights of persons injured by violations of act. 

✓ current as of May 2026
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Rights of persons injured by violations of act. 

(a) Any person injured by any violation, or who will suffer injury from any threatened violation, of this act, may maintain an action, in any court of competent jurisdiction of this state, to prevent, restrain or enjoin such violation or threatened violation. If in such action, a violation or threatened violation of this act shall be established, the court shall enjoin and restrain or otherwise prohibit such violation or threatened violation, and the plaintiff in said action shall be entitled to recover threefold the damages by him sustained, and the costs of suit, including a reasonable attorney’s fee.

(b)  In the event no injunctive relief is sought or required, any person injured by any violation of this act, may maintain an action for damages alone in any court of competent jurisdiction in this state, and the measure of damages in such action shall be the same as that prescribed by subsection (a) of this section.
(c)  In any proceedings instituted or action brought in pursuance of the provisions of subsections (a) and (b) of this section, the plaintiff, upon proof that he has been unlawfully discriminated against by the defendant, shall be conclusively presumed to have sustained damages equal to the monetary amount or equivalent of the unlawful discrimination; and in addition thereto, may establish such further damages, if any, as he may have sustained as a result of such discrimination.
(d)  Where a particular trade or industry of which the person, firm or corporation complained against is a member, has an established cost survey for the localities and vicinities in which the offense is committed, the said cost survey shall be deemed competent evidence to be used in proving the costs of the person, firm or corporation complained against within the provisions of this act.
(e)  Any contract, express or implied, made by any person in violation of any of the provisions of this act, is declared to be an illegal contract and no recovery thereon shall be had.
Notes of Decisions
Cited in 3 cases, 1992–2008 · leading case: Jackson v. Wood, 859 P.2d 378 (Idaho Ct. App. 1993).
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Jackson v. Wood, 859 P.2d 378 (Idaho Ct. App. 1993). · cites it 4× “In seeking to have this finding overturned on appeal, they argue that Jackson’s conduct effectively created a scheme of price discrimination for which Jackson should have been held liable for treble damages as provided by I.C. § 48-204. Counsel for Jackson offered into evidence…”
Fitzgerald v. Walker, 826 P.2d 1301 (Idaho 1992). “§§ 48-101 and 48-102, and § 48-204(a), which authorizes an award of attorney fees *594 in a case proving a violation of the antitrust provisions of I.”
Gen. Auto Parts Co. v. Genuine Parts Co., 293 F. App'x 515 (9th Cir. 2008). “a violation or threatened violation of this act shall be established,” Idaho Code § 48-204 (a), while federal law allows injunctive relief “against threatened loss or damage by a violation of the antitrust laws.”
Idaho Code § 48-204(a): 2 cases
Fitzgerald v. Walker, 826 P.2d 1301 (Idaho 1992). “§§ 48-101 and 48-102, and § 48-204(a), which authorizes an award of attorney fees *594 in a case proving a violation of the antitrust provisions of I.”
Jackson v. Wood, 859 P.2d 378 (Idaho Ct. App. 1993). “In seeking to have this finding overturned on appeal, they argue that Jackson’s conduct effectively created a scheme of price discrimination for which Jackson should have been held liable for treble damages as provided by I.C. § 48-204. Counsel for Jackson offered into evidence…”
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