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§15-598.5.
§15-598.5.
(a) In addition to the penalties provided in this act, any person
injured by any violation, or who shall suffer injury from any
threatened violation of this act, may maintain an action in any court
of equitable jurisdiction to prevent, restrain or enjoin such
violation or threatened violation. If in such action a violation or
threatened violation of this act shall be established, the court shall
enjoin and restrain or otherwise prohibit, such violation or
threatened violation and, in addition thereto, shall assess in favor
of the plaintiff and against the defendant the cost of suit. In such
action if damages are alleged and proved, the plaintiff in said
action, in addition to such injunctive relief and costs of suit, shall
be entitled to recover from the defendant the actual damages sustained
by him.
(b) In the event no injunctive relief is sought or required, any
person injured by a violation of this act may maintain an action for
damages alone in any court of general jurisdiction, and the measure of
damages in such action shall be the same as prescribed in subsection
(a) of this section. Provided this act shall not authorize suits or
actions against newspapers, radio broadcasters, or other advertising
agencies through which such advertisements are published, broadcast or
otherwise made.
(c) Evidence of advertisement, offering to sell, or sale of
merchandise by any retailer or wholesaler at less than cost to him,
shall be prima facie evidence of intent to injure competitors and to
destroy or substantially lessen competition.
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