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H.B. 232 Enrolled
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Criminal Code penalty provisions regarding restraint of
11 Highlighted Provisions:
12 This bill:
13 . modifies penalty language regarding illegal anticompetitive activities to clarify that
14 the penalty is a third degree felony.
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 76-10-920, as last amended by Laws of Utah 2010, Chapter 324
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 76-10-920 is amended to read:
25 76-10-920. Fine and imprisonment for violation -- Certain vertical agreements
26 excluded -- Nolo contendere.
27 (1) (a) Any person who violates Section 76-10-914 by price fixing, bid rigging,
28 agreeing among competitors to divide customers or territories, or by engaging in a group
29 boycott with specific intent of eliminating competition [
30 degree felony and, notwithstanding Sections 76-3-301 and 76-3-302 , is subject to:
31 (i) if an individual, [
33 (ii) if by a person other than an individual, a fine not to exceed $500,000.
34 (b) Subsection (1)(a) may not be construed to include vertical agreements between a
35 manufacturer, its distributors, or their subdistributors dividing customers and territories solely
36 involving the manufacturer's commodity or service where the manufacturer distributes its
37 commodity or service both directly and through distributors or subdistributors in competition
38 with itself.
39 (2) A defendant may plead nolo contendere to a charge brought under this title but only
40 with the consent of the court. [
41 plea only after due consideration of the views of the parties and the interest of the public in the
42 effective administration of justice.
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