2019 US Virgin Islands Code
Title 11 - Commerce, Technology and Trade
Chapter 29 - Monopolies and Restraints of Trade
§ 1507. Civil actions and remedies
- The following civil actions and remedies are authorized under this chapter.
(1) The Attorney General shall institute proceedings in the District Court to prevent and restrain violations of section 1503 of this chapter. In such a proceeding, the court shall determine whether a violation has been committed, and shall enter such judgment or decree as it considers necessary to remove the effects of any violation which it finds, and to prevent such violation from continuing or from being renewed in the future. The court, in its discretion, may exercise all equitable powers necessary for this purpose, including, but not limited to, injunction, divestiture of property, divorcement of business units, dissolution of domestic corporations or associations, and suspension or termination of the right of foreign corporations or associations to do business in the United States Virgin Islands.
(2) Any person who has been injured in his business or property, or is threatened with such injury, by a violation of section 1503 of this chapter may maintain an action in the District Court for damages, or for an injunction, or both, against any person who has committed such violation. If, in an action for an injunction, the court issues an injunction, the complainant shall be awarded costs and reasonable attorney's fees. In an action for damages, if injury is found to be due to a violation of subparagraphs (1) and (4) of section 1503 of this chapter, the person injured shall be awarded three times the amount of actual damages resulting from that violation, together with costs and reasonable attorney's fees. If injury is found to be due to a violation of subparagraphs (2) or (3) of section 1503 of this chapter, the person injured shall recover the actual damages caused by the violation, together with costs and reasonable attorney's fees, and if it is shown that such violation was willful, the court may, in its discretion, increase the amount to be recovered as damages up to a total of three times the amount of actual damages. The Government of the United States Virgin Islands and the United States, shall be considered a person having standing to bring an action under this subparagraph. The Attorney General may bring an action on behalf of the Government of the United States Virgin Islands or any political subdivisions thereof to recover the damages provided for by this subsection, or by any other comparable provision of Federal law. Any action for damages be forever barred unless commenced within four years after the cause of action accrued; provided that, whenever any action is brought by the Attorney General for a violation of this chapter, the running of the foregoing statute of limitations, with respect to every private right of action for damages under the subsection which is based in whole or in part on any matter complained of in said action by the Attorney General, shall be suspended during the pendency thereof, and for one year thereafter. No cause of action barred under existing law on the effective date of this chapter shall be revived by this chapter.
(3) Upon a finding that any domestic or foreign corporation organized or operating under the laws of the United States Virgin Islands has been engaged in conduct prohibited by section 1503 of this chapter, or the terms of any injunction issued under this chapter, the District Court may, upon petition of the Attorney General, order the revocation, forfeiture or suspension of the charter, franchise, certificate of authority or privileges of any corporation operating under the laws of the United States Virgin Islands, or the dissolution of any such corporation.
(4) In lieu of any penalty otherwise prescribed for a violation of any provision of this chapter, and in addition to an action pursuant to subparagraph (1) of this section, the Attorney General may bring an action in the name of and on behalf of the people of the United States Virgin Islands against any person, trustee, director, manager or other officer or agent of a corporation, or against a corporation, domestic or foreign, to recover a penalty in a sum not to exceed $50,000 for the doing in the United States Virgin Islands of any act herein declared illegal. The action must be brought within four years after the commission of the act upon which it is based.
