§ 6-4-101. Short Title

This article shall be known and may be cited as the “Colorado Antitrust Act of 1992”. Source: L. 92: Entire article R&RE, p. 236, § 1, effective July 1.

§ 6-4-102. Legislative Declaration

The general assembly hereby finds and determines that competition is fundamental to the free market system and that the unrestrained interaction of competitive forces will yield the best allocation of our economic resources, the lowest prices, the highest quality commodities and services, and the greatest material progress, while at the same time providing an environment […]

§ 6-4-103. Definitions

“Commodity” includes, but is not limited to, any goods, merchandise, wares, produce, chose in action, land, articles of commerce, or any other tangible or intangible property, real, personal, or mixed, for use, consumption, production, enjoyment, or resale. “Governmental or public entity” means the state and any of its departments, boards, agencies, instrumentalities, authorities, and commissions […]

§ 6-4-104. Illegal Restraint of Trade or Commerce

Every contract, combination in the form of a trust or otherwise, or conspiracy in restraint of trade or commerce is illegal. Source: L. 92: Entire article R&RE, p. 237, § 1, effective July 1. Editor’s note: This section is similar to former § 6-4-101, as it existed prior to 1992.

§ 6-4-105. Monopolization and Attempt to Monopolize

It is illegal for any person to monopolize, attempt to monopolize, or combine or conspire with any other person to monopolize any part of trade or commerce. Source: L. 92: Entire article R&RE, p. 237, § 1, effective July 1. Editor’s note: This section is similar to former § 6-4-102, as it existed prior to […]

§ 6-4-106. Bid-Rigging

It is illegal for any person to contract, combine, or conspire with any person to rig any bid, or any aspect of the bidding process, in any way related to the provision of any commodity or service. For purposes of this section, each separate instance of bid-rigging shall constitute a separate violation of this section, […]

§ 6-4-107. Mergers – Acquisitions

It is unlawful for any person engaged in trade or commerce to acquire, directly or indirectly, the whole or any part of the stock or other share capital, or to acquire the whole or any part of the assets, of another person engaged in trade or commerce where the effect of such acquisition may be […]

§ 6-4-108. Exemptions

The labor of a human being is not a commodity, service, or article of trade or commerce. Nothing contained in this article shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for purposes of mutual help, or engaged in making collective sales or marketing for its members or […]

§ 6-4-109. Jurisdiction – Venue

Primary jurisdiction of any cause of action brought pursuant to this article shall be vested in the district courts of this state. Any cause of action brought pursuant to this article may be brought in any judicial district in which said violation occurred, in which any injury was suffered, or in which any defendant resides. […]

§ 6-4-110. Civil Discovery Request

When the attorney general has reasonable cause to believe that any person has engaged in or is engaging in a violation of any provision of this article or of any provision of the federal antitrust statutes that may be enforced by the attorney general, the attorney general may: Request such person to file a statement […]

§ 6-4-111. Enforcement by the Attorney General

The attorney general shall have the authority to institute actions or proceedings to prevent or restrain violations of this article. The attorney general may bring a civil action on behalf of any governmental or public entity, with the written consent of such entity, injured, either directly or indirectly, in its business or property by reason […]

§ 6-4-112. Civil Penalties

The attorney general may bring a civil action on behalf of the state to seek the imposition of a civil penalty for any violation of this article. The court, upon finding a violation of this article, shall impose a civil penalty to be paid to the general fund of the state in an amount not […]

§ 6-4-113. Enforcement – Injunction

Any person injured in its business or property by reason of any violation of this article may file an action to prevent or restrain any such violation. In any action brought pursuant to this section, the court, in its discretion, may award the prevailing party its expert witness fees, the costs of the action, and […]

§ 6-4-114. Enforcement – Civil Damages

Any person injured in its business or property by reason of any violation of this article may sue therefor and, if successful, shall recover any actual damages sustained by such person. If the violation alleged and proved is determined by the court to be a per se violation of this article, such person may recover […]

§ 6-4-115. Notice to the Attorney General

Any person who files a civil action which includes any allegation of a violation of this article shall, simultaneously with the filing of such action in district court, serve a copy of said complaint on the attorney general. Source: L. 92: Entire article R&RE, p. 243, § 1, effective July 1.

§ 6-4-116. Computation of Damages

In any action brought pursuant to sections 6-4-111 and 6-4-114, the amount of damages may be calculated and assessed in the aggregate by statistical or sampling methods, by the computation of illegal overcharges, or by such other reasonable system of estimating aggregate damages as the court in its discretion may permit without the necessity of […]

§ 6-4-117. Enforcement – Criminal Proceedings

The attorney general shall prosecute all criminal proceedings for violations of this article, whether by indictment or direct information filed in the appropriate district court. Any natural person who violates section 6-4-104, 6-4-105, or 6-4-106 commits a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S. Any person, other than a […]

§ 6-4-118. Statute of Limitations

Any civil action commenced pursuant to this article shall be brought within four years from the date that such cause of action accrued. For purposes of this article, a cause of action accrues when the circumstances giving rise to the cause of action are discovered or should have been discovered in the exercise of reasonable […]

§ 6-4-119. Interpretation

It is the intent of the general assembly that, in construing this article, the courts shall use as a guide interpretations given by the federal courts to comparable federal antitrust laws. Source: L. 92: Entire article R&RE, p. 244, § 1, effective July 1.

§ 6-4-120. Remedies – Cumulative

The remedies provided in this article are cumulative except as otherwise expressly limited. Source: L. 92: Entire article R&RE, p. 244, § 1, effective July 1. Editor’s note: This section is similar to former § 6-5-114, as it existed prior to 1992.