ILCS » Chapter 740 · Act 10
Illinois Compiled Statutes

740 ILCS 10/11 (2026)

When the wording of this Act is identical or similar to that of a federal antitrust law, the courts of this State shall use the construction of the federal law by the federal courts as a guide in construing this Act

✓ current as of May 2026
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(740 ILCS 10/11) (from Ch. 38, par. 60-11)
    Sec. 11. When the wording of this Act is identical or similar to that of a federal antitrust law, the courts of this State shall use the construction of the federal law by the federal courts as a guide in construing this Act. However, this Act shall not be construed to restrict the exercise by units of local government or school districts of powers granted, either expressly or by necessary implication, by Illinois statute or the Illinois Constitution.
(Source: P.A. 83-929.)

    
Notes of Decisions
Cited in 23 cases (4 in the last 5 years), 1994–2024 · leading case: Health Professionals, Ltd. v. Johnson, 791 N.E.2d 1179 (Ill. App. Ct. 2003).
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Health Professionals, Ltd. v. Johnson, 791 N.E.2d 1179 (Ill. App. Ct. 2003). “Nevertheless, the committee comments to section 11 note that “what it really intended is that the Illinois Act will be given a construction which keeps it consistent with the Sherman Act ***.”
Baker v. Jewel Food Stores, Inc., 823 N.E.2d 93 (Ill. App. Ct. 2005). “Pursuant to section 11 of the Antitrust Act, when the language of the Antitrust Act “is identical or similar to that of a federal antitrust law,” courts “shall use the construction of the federal law by the federal courts as a guide in construing” the Act.”
Alarm Detection Sys., Inc. v. Vill. of Hinsdale, 761 N.E.2d 782 (Ill. App. Ct. 2001). “” 740 ILCS 10/11 (West 1998). The Village is clearly a unit of local government within the meaning of sections 5(15) and 11.”
Edwards v. City of Henry, 924 N.E.2d 978 (Ill. App. Ct. 2008). “Concluding, Reardon pointed out that section 11 of the Act (740 ILCS 10/11 (West 2006)) provided that decisions of the federal courts should be used as a guide when construing language common to federal antitrust statutes and the Act, but that the Act should not be construed to…”
State ex rel. Raoul v. Elite Staffing, Inc., 2024 IL 128763 (Ill. 2024). “” 740 ILCS 10/11 (West 2018). This court has held that when federal statutes differ from the Illinois Antitrust Act, we consider more carefully whether the federal courts’ reasoning helps construe the Illinois act.”
Intercontinental Parts, Inc. v. Caterpillar, Inc., 631 N.E.2d 1258 (Ill. App. Ct. 1994). “In reviewing the rulings by the trial court, we are guided by precedent interpreting Federal antitrust laws that contain language which is the same or similar to that used in the Illinois Antitrust Act.”
Appraisers Coalition v. Appraisal Inst., 845 F. Supp. 592 (N.D. Ill. 1994). “As the Court treats the state antitrust law as it would federal law, see 740 ILCS 10/11 (Smith-Hurd 1993) (indicating that Illinois state courts should be guided by the federal antitrust law where the wording of the state act is identical to a federal provision), the Court…”
Boffa Surgical Grp. LLC v. Managed Healthcare Assocs. Ltd., 2015 IL App (1st) 142984 (Ill. App. Ct. 2015). “” 740 ILCS 10/11 (West 2010). Section 3(2) of the Act provides in relevant part that “[e]very person shall be deemed to have committed a violation of this Act who shall *** [b]y contract, combination, or conspiracy with one or more other persons unreasonably restrain trade or…”
Int'l Bhd. of Teamsters Local 734 Health & Welfare Trust Fund v. Phillip Morris, Inc., 34 F. Supp. 2d 656 (N.D. Ill. 1998). “Accordingly, the court dismisses all of the tort-related claims raised in counts IV, V and VI with prejudice for lack of standing, and alternatively, for failure to state a claim for which relief can be granted.”
Boffa Surgical Grp. LLC v. Managed Healthcare Assocs. Ltd., 2015 IL App (1st) 142984 (Ill. App. Ct. 2016). “” 740 ILCS 10/11 (West 2010). Section 3(2) of the Act provides in relevant part that “[e]very person shall be deemed to have committed a violation of this Act who shall *** [b]y contract, combination, or conspiracy with one or more other persons unreasonably restrain trade or…”
Int'l Test & Balance, Inc. v. Associated Air & Balance Council, 14 F. Supp. 2d 1033 (N.D. Ill. 1998). “1991)); see also 740 ILCS 10/11 (1997) (“When the wording of [the Illinois Antitrust Act] is identical or similar to that of federal antitrust law, the courts of this State shall use the construction of the federal law by the federal courts as a guide.”
Hannah's Boutique, Inc. v. Surdej, 112 F. Supp. 3d 758 (N.D. Ill. 2015). “) Plaintiff does not dispute that those sections of the Illinois Antitrust Act are based on Sections 1 and 2 of the Sherman Act, and therefore the applicable legal standards are the same.”
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