As consumers, we’re always wondering what’s going on behind the scenes in the “free market.†Are a few companies conspiring to set an inflated price? Or uniting to artificially control supply? And fellow businesses may wonder if their competitors are colluding in an effort to undercut competition.
As long as the battle for sales is open, transparent, and above board, we’re generally OK with it. That’s why the Beehive State has strict laws created to make sure pricing is fair and to protect open markets. This is an introduction to antitrust laws in Utah.
Antitrust Laws
State antitrust laws prohibit companies gaining an unfair competitive advantage in the consumer market via collusion between companies. These laws will also try to avoid monopolies by blocking certain mergers and acquisitions as well. In order to enforce these provisions, Utah law allows private citizens, as well as the state attorney general, to bring lawsuits against companies for antitrust violations. If successful, a citizen may recover attorneys’ fees and the cost of the lawsuit.
Antitrust Law in Utah
The table below lists Utah’s antitrust statutes.
| Antitrust Code Section | Utah Code 76-10-31, et seq.: Utah Antitrust Act |
| Is a Private Lawsuit Possible? | Yes attorney general power to enforce |
| Time Limit to Bring Claim | 4 yrs. or 1 yr. after conclusion of action |
| Can a Successful Plaintiff Recover Attorneys' Fees? | Yes; and cost of suit |
Antitrust Enforcement
Along with Utah’s antitrust statutes, there are numerous additional business regulations designed to protect free trade and commerce. The United States government uses two federal statutes, the Sherman Act and the Clayton Act, to assist states in prosecuting antitrust claims by prohibiting any interference with the ordinary, competitive pricing system, as well as price discrimination, exclusive dealing contracts and mergers that may lessen competition. If you suspect a person or business has committed an antitrust violation, you can report it the Utah Attorney General’s Markets and Financial Fraud Division.
Related Resources for Utah Antitrust Laws
As with many statutes covering corporate malfeasance, state antitrust laws can be as complicated as the conspiracies they are intended to prevent. If you would like legal assistance regarding an antitrust matter, or if you are interested in understanding the rules and regulations regarding your business, you can consult with a Utah antitrust attorney in your area. You can also find additional articles and information on this topic by visiting FindLaw’s sections on Consumer Protection and Small Business Law.
