(b) The arbitrator or arbitrators may award the prevailing party:
(A) The costs of witness fees and other fees in the case;
(B) Reasonable attorney fees; and
(C) Injunctive relief against unlawful termination, cancellation, nonrenewal or change in competitive circumstances.
(2) Notwithstanding subsection (1) of this section, a retailer has a civil cause of action in circuit court against a supplier for damages sustained by the retailer as a consequence of the supplier’s violation of ORS 646A.310, 646A.312, 646A.314, 646A.316, 646A.318 or 646A.320, together with:
(a) The actual costs of the action;
(b) Reasonable attorney fees; and
(c) Injunctive relief against unlawful termination, cancellation, nonrenewal or change in competitive circumstances.
(3) A supplier bears the burden of proving that a retailer’s area of responsibility or trade area does not afford sufficient sales potential to reasonably support the retailer. The supplier’s proof must be in writing.
(4) The remedies set forth in this section are not exclusive and are in addition to any other remedies permitted by law, unless the parties have chosen binding arbitration under subsection (1) of this section. [Formerly 646.459; 2015 c.563 §3]