Title 6, Consumer and Commercial Affairs

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. 2023: Entire article R&RE, (HB 23-1192), ch. 427, p. 2511, § 2, effective June 7.

(1) 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. (2) For purposes of this section, each separate instance of bid-rigging consti…

(1) It is illegal for any person engaged in trade or commerce to acquire, directly or indirectly, the whole or any part of the stock, other share capital, or assets of another person engaged in trade or commerce if the effect of the acquisition may substantially lessen competitio…

(1) It is unlawful to facilitate or aid and abet another person in violating this article 4. (2) Each separate instance of facilitating or aiding and abetting another person in violating this article 4 is a separate violation of this article 4. Source: L. 2023: Entire article R&R…

(1) The labor of an individual is not a commodity, a service, or an article of trade or commerce. (2) Nothing in this article 4 shall be construed to: (a) Forbid the existence and operation of a labor, agricultural, or horticultural organization that: (I) Is instituted for the pu…

(1) Primary jurisdiction of any cause of action brought pursuant to this article 4 is vested in the district courts of this state. (2) Any cause of action brought pursuant to this article 4 may be brought in any judicial district in which the alleged violation occurred, any injur…

(1) When the attorney general has reasonable cause to believe that any person has engaged in, is engaging in, or may have information related to a violation of this article 4 or of any provision of the federal antitrust statutes that may be enforced by the attorney general, the a…

(1) The attorney general may institute actions or proceedings to prevent or restrain violations of this article 4, including actions to prevent or restrain unfair methods of competition in or affecting commerce. (2) The attorney general may bring a civil action on behalf of the s…

(1) 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 4. The court, upon finding a violation of this article 4, shall impose a civil penalty to be paid to the general fund of the state …

(1) Any person injured, either directly or indirectly, in its business or property by reason of a violation of this article 4 may file an action to prevent or restrain the violation. (2) In any action brought pursuant to this section, the court, in its discretion, may award the p…

(1) Any person injured, either directly or indirectly, in its business or property by reason of any violation of this article 4 may sue and, if successful, is entitled to recover any actual damages that the person sustained. If the violation alleged and proved is determined by th…

Any person that files a civil action that includes any allegation of a violation of this article 4 shall, simultaneously with the filing of the action in district court, serve a copy of the complaint on the attorney general. Source: L. 2023: Entire article R&RE, (HB 23-1192), ch.…

In any action brought pursuant to section 6-4-112 or 6-4-115, 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…

(1) The attorney general shall prosecute all criminal proceedings for violations of this article 4, whether by indictment or direct information filed in the appropriate district court. (2) Any individual who violates section 6-4-104, 6-4-105, or 6-4-106 commits a class 5 felony a…

(1) Any civil action commenced pursuant to this article 4 must be brought within four years after the date that the cause of action accrued. For purposes of this article 4, a cause of action accrues: (a) When the circumstances giving rise to the cause of action are discovered or …

The remedies provided in this article 4 are cumulative except as otherwise expressly limited. Source: L. 2023: Entire article R&RE, (HB 23-1192), ch. 427, p. 2518, § 2, effective June 7.

(1) Any contract or agreement that a person makes while a member of any combination, conspiracy, trust, or pool prohibited under this article 4 that is founded upon, is the result of, grows out of, or is connected with any violation of this article 4, either directly or indirectl…

If any provision of this article 4 or the application of this article 4 to any person or circumstances is held invalid, that invalidity does not affect other provisions or applications of this article 4 that can be given effect without the invalid provision or application. Source…