Business and Civil Conspiracy

There are two variants of conspiracy under Virginia civil law.

What Is A Business Conspiracy?

Virginia Code Sec. 18.2-499 defines business conspiracy as follows:

Any two or more persons who combine, associate, agree, mutually undertake or concert together for the purpose of (i) willfully and maliciously injuring another in his reputation, trade, business or profession by any means whatever or (ii) willfully and maliciously compelling another to do or perform any act against his will, or preventing or hindering another from doing or performing any lawful act, shall be jointly and severally guilty of a Class 1 misdemeanor. Such punishment shall be in addition to any civil relief recoverable under § 18.2-500.

A successful litigant can "recover three-fold the damages by him sustained, and the costs of suit, including a reasonable fee to plaintiff's counsel" under Virginia Code 18.2-500.

What Is Common Law Civil Conspiracy?

"Common-law conspiracy consists of two or more persons combined to accomplish, by some concerted action, some criminal or unlawful purpose or some lawful purpose by criminal or unlawful means." Commercial Bus. Sys., Inc. v. Bellsouth Servs., Inc., 249 Va. 39, 453 S.E.2d 261 (1995).


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