Irwin I. Kimmelman v. Henkels & McCoy, Inc…

Summary

The New Jersey Supreme Court held that N.J.S.A. 56:9-10c authorizes per diem civil penalties that may exceed $100,000 in aggregate and that such penalties are appropriate for continuous antitrust conspiracies. The trial court's refusal to assess a per diem penalty was a misinterpretation of the statute, so the appellate decision imposing the limited penalties was reversed and the case remanded for a proper penalty hearing.