The state or a person who is injured or threatened with injury by conduct prohibited under this chapter may bring suit to:
1. Prevent or restrain conduct prohibited under this chapter and remove the conduct’s effect by injunction, divestiture, divorcement, dissolution of domestic enterprises right to do business in this state, compelling the forfeiture or restraint of the issuance of a certificate of incorporation, permit to transact business, license, or franchise, or granting other equitable relief. The state may bring suit under this section without posting bond.
2. Recover actual damages resulting from conduct prohibited under this chapter.
3. Recover, at the court’s discretion, exemplary damages which do not exceed twice the actual damages awarded under subsection 2, from a person other than a city or county or legal entity created by a city or county, if all of the following apply:
a. The trier of fact determines that the prohibited conduct is willful or flagrant.
b. The person bringing suit is not the state.
4. Recover the necessary costs of bringing suit, including a reasonable attorney fee. However, the state may not recover any attorney fee. [C77, 79, 81, §553.12] 84 Acts, ch 1020, §2; 2022 Acts, ch 1021, §161 Referred to in §553.13, 553.16, 553.17 \n
Notes of Decisions
Cited in
19
cases (
1 in the last 5 years), 1985–2026 · leading case:
Comes v. Microsoft Corp., 646 N.W.2d 440 (Iowa 2002).
Comes v. Microsoft Corp., 646 N.W.2d 440 (Iowa 2002).
· cites it 20× “" Iowa Code § 553.12 . This statute does not restrict the class of persons who may bring suit under the Iowa Competition Law.”
MAX 100 LC v. Iowa Realty Co., Inc., 621 N.W.2d 178 (Iowa 2001).
· cites it 20× “The relevant portion of section 553.12 provides: The state or a person who is injured or threatened with injury by conduct prohibited under this chapter may bring suit to: (1) Prevent or restrain conduct prohibited under this chapter and remove the conduct’s effect by injunction.”
Pfiffner v. Roth, 379 N.W.2d 357 (Iowa 1985).
· cites it 20× “Iowa Code § 553.12 (3) (1979). It made no exception for cities.”
Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016).
· cites it 2× “§ 553.12(4) (allowing injured person or state to “[r]ecover the necessary costs of bringing suit, including a reasonable attorney fee” under Iowa competition law); id.”
Arthur v. Microsoft Corp., 676 N.W.2d 29 (Neb. 2004).
· cites it 2× “Microsoft argued that harmonization with federal law was required and that, therefore, only direct purchasers could recover damages for antitrust violations.”
In Re Potash Antitrust Litig., 667 F. Supp. 2d 907 (N.D. Ill. 2009).
· cites it 2× “Accordingly, Certain Defendants’ motion is granted on this basis and the Mississippi claim is dismissed.”
In re Processed Egg Prods. Antitrust Litig., 851 F. Supp. 2d 867 (E.D. Pa. 2012).
· cites it 2× “Iowa Code § 553.12 . Such prohibited conduct includes a “contract, combination, or conspiracy between two or more persons shall not restrain or monopolize trade or commerce in a relevant market.”
Hawkeye Land Co. v. Iowa Utils. Bd., 847 N.W.2d 199 (Iowa 2014).
· cites it 2× “That statute, Iowa Code section 553.12, creates a cause of action for “a person who is injured or threatened with injury by conduct prohibited under this chapter.”
Comes v. Microsoft Corp., 696 N.W.2d 318 (Iowa 2005).
“§ 553.12. Microsoft argues that: On a motion for class certification in an antitrust action, the pivotal elements are impact and damages to the class members.”
Amended June 5, 2015 Steven A. Mueller, Bradley J. Brown, Mark A. Kruse, Kevin D. Miller, & Larry E. Phipps, on Behalf of Themselves & Those Like Situated v. Wellmark, Inc. D/B/A Wellmark Blue Cross & Blue Shield of Iowa, an Iowa Corp., & Wellmark Health Plan of Iowa, Inc., an Iowa Corp., 861 N.W.2d 563 (Iowa 2015).
· cites it 2× “We did so because: (1) the language of the relevant provision (Iowa Code section 553.12 (1997)) supported indirect purchaser standing; ' (2) uniformity only requires a uniform standard of conduct under state and federal law, not a uniform rule as to who may sue; and (3) most…”
— Iowa Code § 553.12(1) — 1 case
MAX 100 LC v. Iowa Realty Co., Inc., 621 N.W.2d 178 (Iowa 2001).
“The relevant portion of section 553.12 provides: The state or a person who is injured or threatened with injury by conduct prohibited under this chapter may bring suit to: (1) Prevent or restrain conduct prohibited under this chapter and remove the conduct’s effect by injunction.”
— Iowa Code § 553.12(2) — 3 cases
Comes v. Microsoft Corp., 646 N.W.2d 440 (Iowa 2002).
“" Iowa Code § 553.12 . This statute does not restrict the class of persons who may bring suit under the Iowa Competition Law.”
— Iowa Code § 553.12(3) — 1 case
Pfiffner v. Roth, 379 N.W.2d 357 (Iowa 1985).
“Iowa Code § 553.12 (3) (1979). It made no exception for cities.”
— Iowa Code § 553.12(3)(a) — 1 case
Pfiffner v. Roth, 379 N.W.2d 357 (Iowa 1985).
“Iowa Code § 553.12 (3) (1979). It made no exception for cities.”
— Iowa Code § 553.12(4) — 3 cases
Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016).
“§ 553.12(4) (allowing injured person or state to “[r]ecover the necessary costs of bringing suit, including a reasonable attorney fee” under Iowa competition law); id.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.