Utah. Statutory Language

Utah Statute 48-39

UTAH STATUTE

UTAH ANTITRUST ACT

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. §§ 76-10-3101 to 76-10-3118

§ 76-10-3101. Antitrust Act – short title

This act shall be known, and may be cited, as the “Utah Antitrust 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 an environment

conducive to the preservation of our democratic, political and social institutions.

The purpose of this act is, therefore, to encourage free and open competition in

the interest of the general welfare and economy of this state by prohibiting

monopolistic and unfair trade practices, combinations and conspiracies in restraint of

trade or commerce and by providing adequate penalties for the enforcement of its

provisions.

§ 76-10-3103. Definitions

As used in this act:

(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) “Commodity” includes any product of the soil, any article of merchandise

or trade or commerce, and any other kind of real or personal property.

(3) “Manufacturer” means the producer or originator of any commodity or

service.

(4) “Service” includes any activity that is performed in whole or in part for

the purpose of financial gain including, but not limited to, personal service,

professional service, rental, leasing or licensing for use.

(5) “Trade or commerce” includes all economic activity involving, or relating

to, any commodity, service, or business activity, including the cost of exchange or

transportation.

§ 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.

Utah Statute 48-40

(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 part of trade or commerce.

§ 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 successor

agencies;

(b) the activities of any insurer, insurance producer, independent

insurance adjuster, or rating organization including, but not limited to, making or

participating in joint underwriting or reinsurance arrangements, to the extent that

those activities are subject to regulation by the commissioner of insurance;

(c) the activities of securities dealers, issuers, or agents, to the extent

that those activities are subject to regulation under the laws of either this state or the

United States;

(d) the activities of any state or national banking institution, to the

extent that the activities are regulated or supervised by state government officers or

agencies under the banking laws of this state or by federal government officers or

agencies under the banking laws of the United States;

(e) the activities of any state or federal savings and loan association to

the extent that those activities are regulated or supervised by state government

officers or agencies under the banking laws of this state or federal government

officers or agencies under the banking laws of the United States;

(f) the activities of a municipality to the extent authorized or directed

by state law; or

(g) the activities of an emergency medical service provider licensed

under Title 26, Chapter 8a, Utah Emergency Medical Services System Act, to the

extent that those activities are regulated by state government officers or agencies

under that act.

(2) (a) The labor of a human being is not a commodity or article of

commerce.

(b) Nothing contained in the antitrust laws shall be construed to forbid

the existence and operation of labor, agricultural, or horticultural organizations,

instituted for the purpose of mutual help and not having capital stock or conducted

for profit, or to forbid or restrain individual members of these organizations from

lawfully carrying out their legitimate objects; nor may these organizations or

membership in them be held to be illegal combinations or conspiracies in restraint of

trade under the antitrust laws.

(3) (a) As used in this section, an entity is also a municipality if the entity

was formed under Title 11, Chapter 13, Interlocal Cooperation Act, prior to January

1, 1981, and the entity is:

(i) a project entity as defined in Section 11-13-103;