Section 3118 – Interpretation of act.
76-10-3118. Interpretation of act. The Legislature intends that the courts, in construing this act, will be guided by interpretations given by the federal courts to comparable federal antitrust statutes and by other state courts to comparable state antitrust statutes. Renumbered and Amended by Chapter 187, 2013 General Session
Section 3201 – Prohibition on kickbacks.
Effective 5/4/2022 76-10-3201. Prohibition on kickbacks. (1) As used in this section: (a) “Kickback or bribe” means a rebate, compensation, or any other form of remuneration, that is: (i) direct or indirect; (ii) overt or covert; or (iii) in cash or in kind. (b) “Kickback or bribe” does not include a fee that is: (i) […]
Section 3115 – Attorney general to advocate competition.
76-10-3115. Attorney general to advocate competition. The attorney general shall have the authority and responsibility to advocate the policy of competition before all political subdivisions of this state and all public agencies whose actions may affect the interests of persons in this state. Renumbered and Amended by Chapter 187, 2013 General Session
Section 3116 – Venue of actions by state — Transfer.
76-10-3116. Venue of actions by state — Transfer. Any action brought by the state pursuant to this act shall be brought in any county wherein the defendant resides or does business, or at the option of the defendant, such action shall be transferred, upon motion made within 30 days after commencement of the action, to […]
Section 3117 – Statute of limitations.
76-10-3117. Statute of limitations. (1) Any action brought by the attorney general pursuant to this act is barred if it is not commenced within four years after the cause of action accrues. (2) Any other action pursuant to this act is barred if it is not commenced within four years after the cause of action […]
Section 3106 – Attorney General’s powers — Investigations — Institution of actions — Cooperation.
76-10-3106. Attorney General’s powers — Investigations — Institution of actions — Cooperation. (1) The attorney general may investigate suspected violations of this act and institute appropriate actions regarding those suspected violations as provided in this act. (2) Any violations of this act which come to the attention of any state government officer or agency shall […]
Section 3107 – Civil antitrust investigations — Demand for production of documents and responses to written interrogatories — Oral examination — Judicial order for compliance — Confidentiality — Subpoenas precluded.
Effective 5/12/2015 76-10-3107. Civil antitrust investigations — Demand for production of documents and responses to written interrogatories — Oral examination — Judicial order for compliance — Confidentiality — Subpoenas precluded. (1) When the attorney general has reasonable cause to believe that any person may be in possession, custody, or control of any information, including any […]
Section 3108 – Attorney general may bring action for injunctive relief, damages, and civil penalty.
Effective 5/14/2019 76-10-3108. Attorney general may bring action for injunctive relief, damages, and civil penalty. (1) The attorney general may bring an action for appropriate injunctive relief, a civil penalty, and damages in the name of the state, any of its political subdivisions or agencies, or as parens patriae on behalf of natural persons in […]
Section 3109 – Person may bring action for injunctive relief and damages — Treble damages — Recovery of actual damages or civil penalty by state or political subdivisions — Immunity of political subdivisions from damages, costs, or attorney fees.
Effective 5/14/2019 76-10-3109. Person may bring action for injunctive relief and damages — Treble damages — Recovery of actual damages or civil penalty by state or political subdivisions — Immunity of political subdivisions from damages, costs, or attorney fees. (1) (a) A person who is a citizen of this state or a resident of this […]
Section 3112 – Fine for violation — Certain vertical agreements excluded — Nolo contendere.
76-10-3112. Fine for violation — Certain vertical agreements excluded — Nolo contendere. (1) (a) Any person who violates Section 76-10-3104 by price fixing, bid rigging, agreeing among competitors to divide customers or territories, or by engaging in a group boycott with specific intent of eliminating competition is guilty of a third degree felony and, notwithstanding […]