Brownsburg Community School Corporation v. Natare Corporation

Summary

The Indiana Supreme Court held that the Indiana Antitrust Act does not authorize civil treble damages against a governmental entity. The court reasoned that the Act's substantive prohibitions are criminal in nature and that governmental entities were not contemplated as perpetrators subject to the private treble-damages remedy. The court reversed the denial of Brownsburg Community School Corporation's motion for judgment on the pleadings.

Holdings

1. The Indiana Antitrust Act does not create a civil treble-damages remedy against an arm of government. Although a governmental entity may qualify as a person entitled to sue when injured, it is not a potential treble-damages defendant under Section 7 absent clear legislative direction.
2. Municipal corporations are persons under the Indiana Antitrust Act and may sue under Section 7 if injured in their business or property, but their status as persons does not make them liable defendants for treble damages.

Questions Presented

1. Whether a governmental entity, specifically a school corporation, is subject to the Indiana Antitrust Act's civil treble-damages remedy for conduct allegedly violating the Act's criminal prohibitions against restraint of bidding.
2. Whether the School Corporation was entitled to judgment on the pleadings because the Indiana Antitrust Act did not contemplate governmental entities as defendants liable for treble damages.

Disposition

reversed_and_remanded