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KIMMELMAN v. HENKELS & McCOY, INC.

108 N.J. 123 (1987)

527 A.2d 1368

IRWIN I. KIMMELMAN, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. HENKELS & McCOY, INC., DEFENDANT-RESPONDENT, AND STRACO CONSTRUCTION CO.; AND AGABITI BROS., INC.; AND ARMANDO A. AGABITI, EACH INDIVIDUALLY, DEFENDANTS.

The Supreme Court of New Jersey.

Decided July 22, 1987.

Attorney(s) appearing for the Case

Laurel A. Price, Deputy Attorney General, argued the cause for appellant (W. Cary Edwards, Attorney General of New Jersey, attorney).

Steven A. Asher, a member of the Pennsylvania bar, argued the cause for respondent (LaBrum and Doak, attorneys).

The opinion of the Court was delivered by GARIBALDI, J.

This case requires us to determine the scope and applicability of the civil remedies set forth in N.J.S.A. 56:9-10c for violations of the New Jersey Antitrust Act (the "Antitrust Act" or "Act"), N.J.S.A. 56:9-1 to -19.

I

The Attorney General filed a civil complaint against Henkels & McCoy, Inc. (H & M), Straco Corporation Co. (Straco), Agabiti Bros., Inc. (Agabiti), and...

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