W. Va. Code R. § 142-9-1

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 142-9-1 - General
1.1. Scope. -- This rule shall apply to any action brought by any person under the provisions of W. Va. Code '47-18-9, or any action brought by the Attorney General as parens patriae under the provisions of W. Va. Code '47-18-17.

Purpose. -- The purpose of this rule is to allow persons who are indirectly injured by violations of the West Virginia Antitrust Act to maintain an action for damages; to allow the Attorney General, as parens patriae, to maintain an action on behalf of such persons who have suffered indirect injury under W. Va. Code '47-18-17; and to bring the application of the West Virginia Antitrust Act into conformity with the laws of other jurisdictions.

1.2. Authority. -- W. Va. Code '47-18-20.
1.3. Filing Date. -- April 2, 1990.
1.4. Effective Date. -- April 2, 1990.
1.5. Repeal of Former Rule. -- Not applicable.
1.6. Construction. -- This rule shall be liberally construed to effectuate the beneficial purposes of the West Virginia Antitrust Act.
1.7. Severability. -- If, for any reason, any section, sentence, clause, phrase, or provision of this rule or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality clauses, phrases, or provisions or their application to any other person or circumstance, and to this end, each and every section, sentence, clause, phrase, or provision of this rule is hereby declared severable.

W. Va. Code R. § 142-9-1