Section 3101 – Title.

76-10-3101. Title. This part is known as the “Utah Antitrust Act.” Renumbered and Amended by Chapter 187, 2013 General Session

Section 3102 – Legislative findings — Purpose of act.

76-10-3102. Legislative findings — Purpose of act. The Legislature 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 and the greatest material progress, while at the same time providing […]

Section 3103 – Definitions.

Effective 5/12/2015 76-10-3103. Definitions. As used in this part: (1) “Attempt to monopolize” means action taken without a legitimate business purpose and with a specific intent of destroying competition or controlling prices to substantially lessen competition, or creating a monopoly, where there is a dangerous probability of creating a monopoly. (2) “Attorney general” means the […]

Section 3104 – Illegal anticompetitive activities.

76-10-3104. Illegal anticompetitive activities. (1) Every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce is declared to be illegal. (2) It shall be unlawful for any person to monopolize, or attempt to monopolize, or combine or conspire with any other person or persons to monopolize, any […]

Section 3105 – Exempt activities.

76-10-3105. Exempt activities. (1) This act may not be construed to prohibit: (a) the activities of any public utility to the extent that those activities are subject to regulation by the public service commission, the state or federal department of transportation, the federal energy regulatory commission, the federal communications commission, the interstate commerce commission, or […]

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 […]

Section 3113 – Conviction as prima facie evidence in action for injunctive relief or damages.

76-10-3113. Conviction as prima facie evidence in action for injunctive relief or damages. In any action brought by the state, a final judgment or decree determining that a person has criminally violated this act, other than a judgment entered pursuant to a nolo contendere plea or a decree entered prior to the taking of any […]

Section 3114 – Attorney General Litigation Fund.

Effective 5/14/2019 76-10-3114. Attorney General Litigation Fund. (1) (a) There is created an expendable special revenue fund known as the Attorney General Litigation Fund for the purpose of providing funds to pay for: (i) any costs and expenses incurred by the state attorney general in relation to actions under state or federal antitrust, criminal laws, […]

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 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