§ 6-2-101. Short Title

This article shall be known and may be cited as the “Unfair Practices Act”. Source: L. 37: p. 1287, § 14. CSA: C. 48, § 302(13). L. 41: p. 824, § 13. L. 49: p. 349, § 17. CRS 53: § 55-2-17. C.R.S. 1963: § 55-2-17.

§ 6-2-102. Legislative Declaration

The general assembly declares that the purpose of this article is to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition by prohibiting unfair and discriminatory practices by which fair and honest competition is destroyed or prevented. This article shall be liberally construed so that its beneficial purposes […]

§ 6-2-103. Discriminatory Sales – Exceptions

It is unlawful for any person, firm, or corporation doing business in the state of Colorado and engaged in the production, manufacture, distribution, or sale of any commodity, product, or service of general use or consumption, or the sale of any merchandise or product by any public utility, with the intent to destroy the competition […]

§ 6-2-104. Personal Responsibility

Any person who, either as director, officer, or agent of any firm or corporation or as agent of any person violating the provisions of this article, assists or aids, directly or indirectly, in such violation shall be responsible equally with the person, firm, or corporation for which he acts. In the prosecution of any person […]

§ 6-2-105. Unlawful to Sell Below Cost – Definition

[ Editor’s note: This version of subsection (1)(a) is effective until March 1, 2022.] It is unlawful for any person, partnership, firm, corporation, joint stock company, or other association engaged in business within this state to sell, offer for sale, or advertise for sale any product or service for less than the cost of the […]

§ 6-2-106. How Cost Established

In establishing the cost of a given product to the distributor and vendor, the invoice cost of the product purchased at a forced, bankrupt, closeout sale, or other sale outside of the ordinary channels of trade may not be used as a basis for justifying a price lower than one based upon the replacement cost […]

§ 6-2-107. Allegation and Proof – Evidence

In any injunction proceeding or in the prosecution of any person as officer, director, or agent, it shall be sufficient to allege and prove the unlawful intent of the person, firm, or corporation for which he acts. Where a particular trade or industry of which the person, firm, or corporation complained against is a member […]

§ 6-2-108. Secret Rebates or Refunds Prohibited

[ Editor’s note: This version of this section is effective until March 1, 2022. ] The secret payment or allowance of rebates, refunds, commissions, or unearned discounts, whether in the form of money or otherwise, or secretly extending to certain purchasers special services or privileges not extended to all purchasers upon like terms and conditions, […]

§ 6-2-109. Contract Illegal – When

Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of sections 6-2-103 to 6-2-108 is an illegal contract, and no recovery thereon shall be had; except that no part of this article shall prevent the payment of patronage refunds by cooperative agencies or associations existing […]

§ 6-2-110. When Provisions Not Applicable

The provisions of sections 6-2-105 to 6-2-107 shall not apply to any sale made: In closing out in good faith the owner’s stock or any part thereof for the purpose of discontinuing his trade in any such stock or commodity, and in the case of the sale of seasonal goods or the bona fide sale […]

§ 6-2-111. Unlawful Acts – Remedy – License – Rules

Any person, firm, private corporation, municipal corporation, public corporation, or trade association may maintain an action to enjoin a continuance of any act in violation of sections 6-2-103 to 6-2-108 or section 6-2-110 and, if injured thereby, for the recovery of damages. If, in such action, the court finds that the defendant is violating or […]

§ 6-2-111.5. Civil Discovery Requests

When the attorney general has reasonable cause to believe that any person, partnership, firm, corporation, joint stock company, or other association has engaged in or is engaging in a violation of any provision of this article, the attorney general may: Request such person to file a statement or report in writing, under oath or otherwise, […]

§ 6-2-112. Testimony – Books and Records

In an action brought under this article, any defendant may be required to testify under subpoena duly issued in pursuance to the Colorado rules of civil procedure, and the books and records of any such defendant may be brought into court and introduced into evidence. No information so obtained may be used against the defendant […]

§ 6-2-113. Selling Below Cost

For the purposes of this article, in all sales involving more than one product or service and in all sales involving the giving of any concession of any kind, the combined total selling price of all products or services shall be compared to the combined total cost of all products or services involved in the […]

§ 6-2-114. Advertising Goods Not Available

It is unlawful for any person, firm, or corporation engaged in business within the state of Colorado to advertise goods, wares, or merchandise which they are not prepared and able to supply to the consuming public in pursuance of such advertisement. Source: L. 49: p. 347, § 12. CSA: C. 48, § 309(9c). CRS 53: […]

§ 6-2-115.5. State Agencies – Authority to Contract With Private Enterprise

Any state agency which is provided goods or services or which provides goods to the public, including manufacturing, processing, selling, offering for sale, renting, leasing, delivering, distributing, or advertising, shall determine if such goods can also be provided for by contract with private persons, partnerships, or corporations or any other type of private enterprise. Whenever […]

§ 6-2-116. Penalty

[ Editor’s note: This version of this section is effective until March 1, 2022. ] Any person, firm, or corporation, whether as principal, agent, officer, or director, for himself or itself, or for another person, or for any firm or corporation who violates any of the provisions of sections 6-2-103 to 6-2-108 or section 6-2-110, […]

§ 6-2-117. Remedies Cumulative

The remedies prescribed in this article are cumulative. Source: L. 41: p. 824, § 11. CSA: C. 48, § 302(11). L. 49: p. 349, § 15. CRS 53: § 55-2-15. C.R.S. 1963: § 55-2-15.