Indiana Code
Ind. Code § 24-1-2-7 (2026)
Treble damage action; attorney general's representation of state or political subdivision
✓ current as of May 2026
Sec. 7. (a) Any person whose business or property is injured by a violation of this chapter may bring an action in the circuit or superior court of any county in which the defendant resides or is found without respect to the amount in controversy, and is entitled to recover a penalty of threefold the damages awarded in the action, together with the costs of suit, including reasonable attorney's fees.
(b) The attorney general may bring an action under this section on behalf of the state or a political subdivision if the state or political subdivision has been directly or indirectly injured by a violation of this section.
Formerly: Acts 1907, c.243, s.7. As amended by P.L.152-1986, SEC.9; P.L.135-2008, SEC.4.
Notes of Decisions
Cited in 27
cases (3 in the last 5 years), 1975–2024 · leading case: Alva Elec., Inc. v. Evansville-Vanderburgh Sch. Corp., 7 N.E.3d 263 (Ind. 2014).
Alva Elec., Inc. v. Evansville-Vanderburgh Sch. Corp., 7 N.E.3d 263 (Ind. 2014). “In addition Indiana Code section 24-1-2-7 — contained in the Indiana Antitrust Act — “confers on private individuals the right to challenge the award of a government contract where the governmental entity and successful bidder have engaged in collusion or fraud.”
Shook Heavy & Env't Constr. Grp. v. City of Kokomo, 632 N.E.2d 355 (Ind. 1994). “4 Sécond, Ind.Code Ann. § 24-1-2-7 (Burns 1991) 5 confers on private individuals the right to challenge the award of a government contract where the governmental entity and successful bidder have engaged in collusion or fraud.”
Brownsburg Cmty. Sch. Corp. v. Natare Corp., 824 N.E.2d 336 (Ind. 2005). “Ind.Code § 24-1-2-7." All-Star, 640 N.E.2d at 370 .”
City of Fort Wayne v. Pierce Mfg., Inc., 853 N.E.2d 508 (Ind. Ct. App. 2006). “Second, Ind.Code § 24-1-2-7, the Indiana Antitrust Act, “confers on private individuals the right to challenge the award of a government contract where the governmental entity and successful bidder have engaged in collusion or fraud.”
Trans-care, Inc. v. Bd. of Com'rs of Cty. of Vermillion, 831 N.E.2d 1255 (Ind. Ct. App. 2005). “It stated that Indiana Code Section 24-1-2-7, authorizing the bringing of a lawsuit for a violation of Indiana Code Section 24-1-2-3, 3 "addresses the concern this court expressed in *1261 Gariup .”
Gariup Constr. Co. v. Carras-Szany-Kuhn & Assocs., P.C., 945 N.E.2d 227 (Ind. Ct. App. 2011). “In determining whether the unsuccessful bidder had a cause of action for the injunction under statutory law, our Supreme Court stated that Section 24-1-2-7 “confers on private individuals the right to challenge the award of a government contract where the governmental entity and…”
Citizens Nat. Bk., Grant Cty. v. 1ST NAT. BK., MARION, 331 N.E.2d 471 (Ind. Ct. App. 1975). “§ 24-1-2-7 (Burns Code Ed. 1973): "Private action Damages Penalty.”
Berghausen v. Microsoft Corp., 765 N.E.2d 592 (Ind. Ct. App. 2002). “Ind.Code § 24-1-2-7. 2 The United States Supreme Court has concluded that "the legislative purpose in creating a group of 'private attorneys general' to enforce the antitrust laws under § 4 is better served by holding direct purchasers to be injured to the full extent of the…”
Citizens Nat'l Bank v. First Nat'l Bank, 165 Ind. App. 116 (Ind. Ct. App. 1975). “§ 24-1-2-7 (Burns Code Ed. 1973) : ■ “Private action — Damages — Penalty.”
Orion's Belt, Inc. v. Kayser-Roth Corp., 433 F. Supp. 301 (S.D. Ind. 1977). “Code § 24-1-2-1 (Burns 1974), and, pursuant to Ind.Code § 24-1-2-7 (Burns 1974), plaintiff seeks to recover a penalty of three-fold the damages sustained.”
Brownsburg Cmty. Sch. Corp. v. Natare Corp., 808 N.E.2d 148 (Ind. Ct. App. 2004). “Specifically, the issue certified in this interlocutory appeal is whether a municipal entity such as a school corporation is a "person" as defined by Indiana Code seetion 24-1-2-10, and therefore subject to suit for treble damages and attorney fees under Indiana Code section…”
Thompson v. Vigo Cnty. Bd. of Cnty. Commissioners, 876 N.E.2d 1150 (Ind. Ct. App. 2007). “Pursuant to I.C. § 24-1-2-7, a person injured in his business or property by a violation of this statute may bring a civil action seeking treble damages, costs and attorney fees.”
— Ind. Code § 24-1-2-7(a) — 4 cases
Alva Elec., Inc. v. Evansville-Vanderburgh Sch. Corp., 7 N.E.3d 263 (Ind. 2014). “In addition Indiana Code section 24-1-2-7 — contained in the Indiana Antitrust Act — “confers on private individuals the right to challenge the award of a government contract where the governmental entity and successful bidder have engaged in collusion or fraud.”
Gariup Constr. Co. v. Carras-Szany-Kuhn & Assocs., P.C., 945 N.E.2d 227 (Ind. Ct. App. 2011). “In determining whether the unsuccessful bidder had a cause of action for the injunction under statutory law, our Supreme Court stated that Section 24-1-2-7 “confers on private individuals the right to challenge the award of a government contract where the governmental entity and…”
Skyline Roofing & Sheet Metal Co., Inc. v. Ziolkowski Constr., Inc. & United Union Roofers, Waterproofers & Allied Workers Local 26, 26 N.E.3d 1024 (Ind. Ct. App. 2015).
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