2017 Oregon Revised Statutes
Volume : 12 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 474 - Trade Practices Relating to Malt Beverages
Section 474.085 - Remedies of party aggrieved by violation of ORS 474.005 to 474.095.
(1) Any party to a wholesale distribution agreement aggrieved by a violation of any provision of ORS 474.005 to 474.095 shall be entitled to:
(a) Injunctive relief enjoining the violation; and
(b) Recovery for damages caused by the violation.
(2) Except as provided in subsection (3) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.
(3) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (2) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.
(4) If the violation consists of a termination, cancellation, refusal to renew or refusal to permit a transfer of the wholesaler’s business in contravention of ORS 474.005 to 474.095, damages shall include the decrease in the value of the wholesaler’s business caused by the violation, including any decrease attributable to the loss of goodwill, less any mitigation. [1989 c.529 §11; 1995 c.696 §23]
