76-16 - Offenses Concerning Business Practices
Title 76 > 76-16
Sections (40)
General Provisions
76-16-101 - Definitions.
Enacted by Chapter 173, 2025 General Session
Corporation and Association Offenses
76-16-201 - Definitions.
As used in this part:
(1) “Bona fide stockholder of record” means a stockholder of record who has acquired stock in good faith and is acting for a proper purpose reasonably related to the stockholder’s interests as a stockholder.
(2) “Director” means a person having by law the direction or management of the affairs of a corporation, by whatever name the person is described in the corporation’s charter or is known by law.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-202 - Presumption of director’s knowledge of affairs.
A director of a corporation or joint stock association is deemed to possess a knowledge of the affairs of the corporation or association so as to enable the director to determine whether an act, proceeding, or omission of the corporation’s or association’s directors is a violation of this part.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-203 - Presumption of director’s concurrence in action if present at meeting — Exception.
(1) Except as provided in Subsection (2), a director of a corporation or joint stock association who is present at a meeting of the directors at which an act, proceeding, or omission of the directors in violation of this part occurs is deemed to have concurred in the act, proceeding, or omission.
(2) A director is not deemed to have concurred in an act, proceeding, or omission of the directors if, at the time of the act, proceeding, or omission, the director:causes, or in writing requires, the director’s dissent from the act, proceeding, or omission to be entered in the minutes of the directors; orforwards the director’s dissent by registered mail to the secretary of the corporation immediately after the adjournment of the meeting.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-204 - Foreign corporations subject to Utah laws.
It is no defense to a prosecution for a violation of this part that the corporation was created by the laws of another state, government, or country if the corporation is carrying on business or keeping an office within this state.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-205 - Fraudulent signing of a stock subscription or agreement.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-201 apply to this section.
(2) An actor commits fraudulent signing of a stock subscription or agreement if the actor: signs the name of a fictitious person to a subscription for, or agreement to take, stock in a proposed or existing corporation; orsigns the name of any person to a subscription for, or agreement to take, stock in a proposed or existing corporation, knowing that the person has no means or does not intend in good faith to comply with all the terms of the subscription or agreement, or under any understanding or agreement that the terms of the subscription or agreement are not to be complied with or enforced.
(3) A violation of Subsection (2) is a class B misdemeanor.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-206 - Exhibition of a fraudulent document relating to a corporation or an increase of capital stock.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-201 apply to this section.
(2) An actor commits exhibition of a fraudulent document relating to a corporation or an increase of capital stock if the actor:is: an officer, agent, or clerk of a corporation; ora person proposing to organize a corporation or to increase the capital stock of a corporation; andknowingly exhibits a false, forged, or altered book, paper, voucher, security, or other instrument of evidence to a public officer or board authorized by law to examine the organization of the corporation, or to investigate the corporation’s affairs, or to allow an increase of the corporation’s capital, with the intent to deceive the officer or board with respect to the examination, investigation, or increase of capital.
(3) A violation of Subsection (2) is a third degree felony.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-207 - Misrepresentation of a person as an officer, agent, member, or promoter.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-201 apply to this section.
(2) An actor commits misrepresentation of a person as an officer, agent, member, or promoter if the actor, without being authorized to do so, subscribes the name of another person to, or inserts the name of another person in, a prospectus, circular, or other advertisement or announcement of an existing corporation or joint stock association, existing or intended to be formed, with the intent to permit the prospectus, circular, or other advertisement or announcement to be published, and thereby to lead persons to believe that the person whose name is included in the prospectus, circular, or other advertisement or announcement is an officer, agent, member, or promoter of the corporation or association.
(3) A violation of Subsection (2) is a class B misdemeanor.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-208 - Illegal concurrence by a director in a dividend or division of capital.
(1) For purposes of this section, “director” does not include a director of:a savings and loan association; ora building and loan association.Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-201 apply to this section.
(2) An actor commits illegal concurrence by a director in a dividend or division of capital if the actor:is a director of a stock corporation; andconcurs in a vote or act of one or more directors of the corporation, which vote or act is intended to either:make a dividend except as permitted by Title 16, Chapter 10a, Utah Revised Business Corporation Act; ordivide, withdraw, or in any manner pay to one or more stockholders any part of the stated capital of the corporation except as permitted by Title 16, Chapter 10a, Utah Revised Business Corporation Act.
(3) A violation of Subsection (2) is a class B misdemeanor.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-209 - Unlawful omission or entry in a corporate or association record with the intent to defraud.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-201 apply to this section.
(2) An actor commits unlawful omission or entry in a corporate or association record with the intent to defraud if the actor:is: a director, officer, or agent of a corporation or association; ora person who aids or abets a person described in Subsection (2)(a)(i); andknowingly receives or possesses for the actor’s self property of the corporation or association, otherwise than in payment of a just demand; andwith intent to defraud, omits to make, or to cause or direct to be made, a full and true entry of the property described in Subsection (2)(b) in the books or accounts of the corporation or association.
(3) A violation of Subsection (2) is a third degree felony.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-210 - Embezzlement, abstraction, or misapplication of corporate or association funds.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-201 apply to this section.
(2) An actor commits unlawful embezzlement, abstraction, or misapplication of corporate or association funds if the actor:is:a director, officer, agent, or member of a corporation or association; ora person who aids or abets a person described in Subsection (2)(a)(i); andembezzles, abstracts, or willfully misapplies money, funds, or credits of the corporation or association.
(3) A violation of Subsection (2) is a third degree felony.
Enacted by Chapter 173, 2025 General Session
76-16-211 - Unlawful circulation of a corporate or association note.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-201 apply to this section.
(2) An actor commits unlawful circulation of a corporation or association note if the actor:is:a director, officer, agent, or member of a corporation or association; ora person who aids or abets a person described in Subsection (2)(a)(i); andwithout the authority from a corporation’s or association’s directors, issues or puts in circulation a note of the corporation or association.
(3) A violation of Subsection (2) is a third degree felony.
Enacted by Chapter 173, 2025 General Session
76-16-212 - Unauthorized corporate or association action.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-201 apply to this section.
(2) An actor commits unauthorized corporate or association action if the actor:is:a director, officer, agent, or member of a corporation or association; ora person who aids or abets a person described in Subsection (2)(a)(i); andwithout having the authority to do so:issues or puts forth a certificate of deposit;draws an order or bill of exchange;makes an acceptance; orassigns a note, bond, draft, bill of exchange, mortgage, judgment, or decree.
(3) A violation of Subsection (2) is a third degree felony.
Enacted by Chapter 173, 2025 General Session
76-16-213 - False entry in a corporate or association book, report, or statement.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-201 apply to this section.
(2) An actor commits false entry in a corporate or association book, report, or statement if the actor:is:a director, officer, agent, or member of a corporation or association; ora person who aids or abets a person described in Subsection (2)(a)(i); andmakes a false entry in a corporate or association book, report, or statement, with the intent:to injure or defraud:the corporation or association;any other company;a body politic; oran individual person; orto deceive:an officer of the corporation or association; oran agent appointed to examine the affairs of the corporation or association.
(3) A violation of Subsection (2) is a third degree felony.
Enacted by Chapter 173, 2025 General Session
76-16-214 - Unlawful stock issuance.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-201 apply to this section.
(2) An actor commits unlawful stock issuance if the actor:is:a director, officer, agent, or member of a corporation or association; ora person who aids or abets a person described in Subsection (2)(a)(i); andissues fraudulent, fictitious, or illegal stock in the corporation or association, with the intent:to injure or defraud:the corporation or association;any other company;a body politic; oran individual person; orto deceive:an officer of the corporation or association; oran agent appointed to examine the affairs of the corporation or association.
(3) A violation of Subsection (2) is a third degree felony.
Enacted by Chapter 173, 2025 General Session
76-16-215 - Making or publishing a report containing a false material statement.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-201 apply to this section.
(2) An actor commits making or publishing a report containing a false material statement if the actor: is a director, officer, or agent of a corporation or joint stock association; andknowingly makes or concurs in making or publishing a written report, exhibit, or statement of the corporation’s or association’s affairs or pecuniary condition that contains a false material statement.
(3) A violation of Subsection (2) is a class B misdemeanor.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-216 - Prohibited refusal of inspection or copying of corporate books.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-201 apply to this section.
(2) An actor commits prohibited refusal of inspection or copying of corporate books if the actor: is an officer or agent of a corporation having or keeping an office within this state;has in the actor’s custody or control the books of the corporation; andrefuses to give to a bona fide stockholder of record or member of the corporation, lawfully demanded during office hours, the right to inspect or take a copy of all or part of the corporation’s books.
(3) A violation of Subsection (2) is a class B misdemeanor.
Renumbered and Amended by Chapter 173, 2025 General Session
Offenses Concerning Trademarks, Trade Names, and Devices
76-16-301 - Definitions.
As used in this part:
(1) “Forged trademark,” “forged trade name,” “forged trade device,” and “counterfeited trademark,” “counterfeited trade name,” “counterfeited trade device,” or their equivalents include every alteration or imitation of a trademark, trade name, or trade device that resembles the original so as to be likely to deceive.
(2) “Trademark” or “trade name” or “trade device” includes every trademark registrable with the Division of Corporations and Commercial Code.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-302 - Forging or counterfeiting a trademark, trade name, or trade device.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-301 apply to this section.
(2) An actor commits forging or counterfeiting a trademark, trade name, or trade device if the actor: willfully forges or counterfeits, or procures to be forged or counterfeited, a trademark, trade name, or trade device, that:is usually affixed by a person to the person’s goods, or by an association or union of working people to the association’s or union’s goods; andhas been filed with the Division of Corporations and Commercial Code; andperforms the action described in Subsection (2)(a) with the intent to pass off any goods to which the forged or counterfeited trademark, trade name, or trade device is affixed, or intended to be affixed, as the goods of the person or association or union of working people.
(3) A violation of Subsection (2) is a class B misdemeanor.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-303 - Selling goods under a counterfeited trademark, trade name, or trade device.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-301 apply to this section.
(2) An actor commits selling goods under a counterfeited trademark, trade name, or trade device if the actor:sells or keeps for sale any goods upon or to which any counterfeited trademark, trade name, or trade device has been affixed, after the trademark, trade name, or trade device has been filed with the Division of Corporations and Commercial Code;intends to represent the goods as the genuine goods of another person; andknows the goods are counterfeited.
(3) A violation of Subsection (2) is a class B misdemeanor.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-304 - Sale in a container bearing a registered trademark of a substituted article.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-301 apply to this section.
(2) An actor commits sale in a container bearing a registered trademark of a substituted article if the actor: has or uses a container or similar article that bears or is in any way connected with the registered trademark of another person; andhas or uses the container or article described in Subsection (2)(a) for the purpose of disposing, with intent to deceive or defraud, of an article or substance other than that which the container or similar article originally contained or was connected with by the owner of the trademark.
(3) A violation of Subsection (2) is a class B misdemeanor.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-305 - Using, destroying, concealing, or possessing an article with a registered trademark or service mark to deprive the owner of use or possession.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-301 apply to this section.
(2) An actor commits using, destroying, concealing, or possessing an article with a registered trademark or service mark to deprive the owner of use or possession if the actor, without the consent of the owner of an article bearing the owner’s validly registered trademark or service mark, and with the intent to deprive the owner of the use or possession of the article: uses, destroys, conceals, or possesses the article; ordefaces or otherwise conceals the trademark or service mark on the article.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) This section does not apply to the transfer or use of a wooden box or the re-use of a burlap or cotton bag or sack when the bag or sack has been reversed inside out or the markings on the box, bag, or sack have been concealed or obliterated to effectively demonstrate that the product contained in the box, bag, or sack does not purport to be the product of the owner of the registered trademark or service mark that appeared on the box, bag, or sack.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-306 - Selling, trafficking, or withholding an article bearing a registered trademark or service mark with intent to defraud.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-301 apply to this section.
(2) An actor commits selling, trafficking, or withholding an article bearing a registered trademark or service mark with intent to defraud if the actor, without the consent of the owner of an article that bears the owner’s validly registered trademark or service mark, and with the intent to defraud the owner of the article, knowingly:sells or traffics the article; orwithholds the article from the article’s owner.
(3) A violation of Subsection (2) is a class B misdemeanor.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-307 - Use of a registered trademark without consent.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-301 apply to this section.
(2) An actor commits use of a registered trademark without consent if the actor adopts or in any way uses a registered trademark owned by another person without the person’s consent.
(3) A violation of Subsection (2) is a class B misdemeanor.
Renumbered and Amended by Chapter 173, 2025 General Session
Offenses Concerning Unfair Market Discrimination
76-16-401 - Definitions.
Enacted by Chapter 173, 2025 General Session
76-16-402 - Unfair discrimination in competitive practices.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-401 apply to this section.
(2) An actor commits unfair discrimination in competitive prices if the actor: is a person engaged in the production, manufacture, or distribution of a commodity in general use; andintentionally, for the purpose of destroying the competition of a regular, established dealer in the commodity, or to prevent the competition of a person who in good faith intends and attempts to become a dealer, discriminates between different sections, communities, or cities of this state by selling the commodity at a lower rate in one section, community, or city, or any portion of the section, community, or city, than the actor charges for the commodity in another section, community, or city, after equalizing the distance from the point of production, manufacture, or distribution and freight rates.
(3) A violation of this section is subject to:a fine of not less than 4,000 for each offense; andsanctions described in Subsection (4).
(4) If a complaint is made to the attorney general that a corporation has violated this section, the attorney general shall investigate the complaint, and for that purpose, may subpoena witnesses, administer oaths, take testimony, and require the production of books or other documents.If in the attorney general’s opinion, sufficient grounds exist for a prosecution after an investigation under Subsection (4)(a), the attorney general may prosecute an action in the name of the state to annul the charter or revoke the license of the corporation, and to permanently enjoin the corporation from doing business in this state.If, in an action described in Subsection (4)(b), the court finds that the corporation is guilty of unfair discrimination under this section, the court shall annul the charter or revoke the license of the corporation and may permanently enjoin the corporation from transacting business in this state.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-403 - Fraudulent practice to affect market price.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-401 apply to this section.
(2) An actor commits fraudulent practice to affect market price if the actor willfully makes or publishes a false statement, spreads a false rumor, or employs any other false or fraudulent means or device, with the intent to affect the market price of any kind of property.
(3) A violation of Subsection (2) is:a class B misdemeanor; andsubject to a fine of not less than 4,000 for each offense.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-404 - Unfair discrimination by a buyer of milk, cream, or butterfat.
(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-401 apply to this section.
(2) An actor commits unfair discrimination by a buyer of milk, cream, or butterfat if the actor: is:a person doing business in this state that is engaged in the business of buying milk, cream, or butterfat for the purpose of sale or storage; oran officer or agent of a person described in Subsection (2)(a)(i); andfor the purpose of creating a monopoly or destroying the business of a competitor, discriminates between different sections, communities, localities, cities, or towns of this state by purchasing milk, cream, or butterfat at a higher price or rate in one section, community, location, city, or town than is paid for the same milk, cream, or butterfat by the actor in another section, community, locality, city, or town, after making due allowance for the difference, if any, in the grade or quality, and in the actual cost of transportation from the point of purchase to the point of manufacture, sale, or storage.
(3) A violation of Subsection (2) is:a class B misdemeanor; andsubject to a fine of not less than 4,000 for each offense.
Renumbered and Amended by Chapter 173, 2025 General Session
Antitrust Offenses
76-16-501 - 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 attorney general of the state or one of the attorney general’s assistants.
(3) “Commodity” includes a product of the soil, an article of merchandise or trade or commerce, and any other kind of real or personal property.
(4) “Manufacturer” means the producer or originator of a commodity or service.
(5) “Service” includes an 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.
(6) “Trade or commerce” includes all economic activity involving, or relating to, a commodity, service, or business activity, including the cost of exchange or transportation.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-502 - Legislative findings — Interpretation of part.
(1) 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 part is 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 the part’s provisions.
(2) The Legislature intends that the courts, in construing this part, 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 173, 2025 General Session
76-16-503 - Statute of limitations.
(1) An action brought by the attorney general pursuant to this part is barred if the action is not commenced within four years after the cause of action accrues.
(2) Any other action pursuant to this part is barred if the action is not commenced within four years after the cause of action accrues, or within one year after the conclusion of an action brought by the state pursuant to this act based in whole or in part on any matter complained of in the subsequent action, whichever is the latter.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-504 - Exempt activities.
(1) This act may not be construed to prohibit:the activities of a 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;the activities of an 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;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;the activities of a 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;the activities of a 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;the activities of a political subdivision to the extent authorized or directed by state law, consistent with the state action doctrine of federal antitrust law; orthe activities of an emergency medical service provider licensed under Title 53, Chapter 2d, Emergency Medical Services Act, to the extent that those activities are regulated by state government officers or agencies under that act.
(2) The labor of a human being is not a commodity or article of commerce.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 the organizations’ 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) As used in this section, an entity is also a political subdivision if the entity was formed under Title 11, Chapter 13, Interlocal Cooperation Act, prior to January 1, 1981, and the entity is:a project entity as defined in Section 11-13-103;an electric interlocal entity as defined in Section 11-13-103; oran energy services interlocal entity as defined in Section 11-13-103.The activities of the entities under Subsection (3)(a) are authorized or directed by state law.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-505 - Attorney general’s powers — Investigations — Institution of actions — Cooperation.
(1) The attorney general may investigate a suspected violation of this part and institute an appropriate action regarding the suspected violation as provided in this part.
(2) A violation of this part that comes to the attention of a state government officer or agency shall be reported to the attorney general.All state government officers and agencies shall cooperate with, and assist in, a prosecution for violation of this part.
(3) The attorney general may proceed under any antitrust laws in the state or federal courts on behalf of this state, any of the state’s political subdivisions or agencies, or as parens patriae on behalf of natural persons in this state.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-506 - 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 a person may be in possession, custody, or control of any information, including a document, material, or testimony, relevant to a civil antitrust investigation, the attorney general may, before the commencement of a civil action, issue and cause to be served upon that person a written civil investigative demand requesting that person to:produce any document or material for inspection, copying, or reproduction by the state where the document or material is located or produced;give oral testimony under oath, concerning the subject of the investigation;respond to written interrogatories; orfurnish any combination of these.
(2) Each demand shall state:the nature of the activities under investigation, constituting the alleged antitrust violation, which may result in a violation of this part and the applicable provision of law;that the recipient is entitled to counsel;that the information received in response to the demand may be used in a civil or criminal proceeding;that if the recipient does not comply with the demand, the attorney general may compel compliance by appearance, upon reasonable notice to the recipient, before the court in the judicial district where the recipient resides or does business and only upon a showing before that court that the requirements of Subsection (7) have been met;that the recipient has the right at any time before the return date of the demand, or within 30 days, whichever period is shorter, to seek a court order determining the validity of the demand; andthat at any time during the proceeding the person may assert any applicable privilege.If the demand is for production of a document or material, the demand shall also:describe the document or material to be produced with sufficient definiteness and certainty as to permit the document or material to be fairly identified;prescribe return dates that provide a reasonable period of time within which the document or material demanded may be assembled and made available for inspection and reproduction; andidentify the individual at the Office of the Attorney General to whom the document or material shall be made available.If the demand is for the giving of oral testimony, the demand shall also:prescribe the date, time, and place at which oral testimony shall be commenced;state that an employee of the Office of the Attorney General shall conduct the examination; andstate that the recording or the transcript of the examination shall be submitted to and maintained by the Office of the Attorney General.If the demand is for responses to written interrogatories, the demand shall also:state that each interrogatory shall be answered separately and fully in writing and under oath, unless the person objects to the interrogatory, in which event the reasons for objection shall be stated in lieu of an answer;state that the answers are to be signed by the person making them, and the objections are to be signed by the attorney making them;identify by name and address the individual at the Office of the Attorney General on whom answers and objections provided under this Subsection (2)(d) are to be served; andprescribe the date on or before which these answers and objections are to be served on the identified individual.
(3) The civil investigative demand may be served upon any person who is subject to the jurisdiction of any Utah court and shall be served upon the person in the manner provided for service of a subpoena.
(4) A document or material submitted in response to a demand served under this section shall be accompanied by an affidavit, in the form the demand designates, by the person, if a natural person, to whom the demand is directed or, if not a natural person, by a person having knowledge of the facts and circumstances relating to the production.The affidavit shall state that every document or material required by the demand and in the possession, custody, or control of the person to whom the demand is directed has in good faith been produced and made available to the Office of the Attorney General.The affidavit shall identify any demanded document or material that is not produced and state the reason why each item was not produced.
(5) An examination of a person pursuant to a demand for oral testimony served under this section may only be taken before an officer authorized to administer oaths or affirmations by the laws of the United States or of the place where the examination is held.The officer before whom the testimony is to be taken shall put the witness on oath or affirmation and shall personally, or by someone acting under the officer’s direction and in the officer’s presence, record the testimony of the witness.If the testimony is taken stenographically, the testimony shall be transcribed and the officer before whom the testimony is taken shall promptly transmit the transcript of the testimony to the Office of the Attorney General.When taking oral testimony, all persons other than personnel from the Office of the Attorney General, the witness, counsel for the witness, and the officer before whom the testimony is to be taken shall be excluded from the place where the examination is held.The oral testimony of a person taken pursuant to a demand served under this section shall be taken in the county where the person resides or transacts business or in any other place agreed upon by the attorney general and the person.When testimony is fully transcribed, the transcript shall be certified by the officer before whom the testimony was taken and submitted to the witness for examination and signing, in accordance with Rule 30(e) of the Utah Rules of Civil Procedure.A copy of the deposition shall be furnished free of charge to a witness upon the witness’s request.A change in testimony recorded by nonstenographic means shall be made in the manner provided in Rule 30 of the Utah Rules of Civil Procedure for changing deposition testimony recorded by nonstenographic means.A person compelled to appear under a demand for oral testimony under this section may be accompanied, represented, and advised by counsel.Counsel may advise the person, in confidence, either upon the request of the person or upon counsel’s own initiative, with respect to any question asked of the person.The person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for the objection.An objection may properly be made, received, and entered upon the record when it is claimed that the person is entitled to refuse to answer the question on grounds of any constitutional or other legal right or privilege, including the privilege against self-incrimination.If the person refuses to answer any question, the attorney general may petition the district court for an order compelling the person to answer the question.If a person compelled to appear under a demand for oral testimony or other information pursuant to this section refuses to answer any questions or produce information on grounds of the privilege against self-incrimination, the testimony of that person may be compelled as in criminal cases.A person appearing for oral examination pursuant to a demand served under this section is entitled to the same fees and mileage that are paid to witnesses in the district courts of the state of Utah.Witness fees and expenses shall be tendered and paid as in any civil action.
(6) The providing of information in response to a civil investigative demand issued pursuant to the provisions of this part shall be considered part of an official proceeding as defined in Section 76-8-501.
(7) If a person fails to comply with the demand served upon the person under this section, the attorney general may file in the district court of the county in which the person resides, is found, or does business, a petition for an order compelling compliance with the demand.Notice of hearing of the petition and a copy of the petition shall be served upon the person, who may appear in opposition to the petition.If the court finds that the demand is proper, that there is reasonable cause to believe there has been a violation of this part, and that the information sought is relevant to the violation, the court shall order the person to comply with the demand, subject to modifications the court may prescribe.At any time before the return date specified in a demand or within 30 days after the demand has been served, whichever period is shorter, the person who has been served may file a petition for an order modifying or setting aside the demand.This petition shall be filed in the court in the county of the person’s residence, principal office, or place of business, or in the court in Salt Lake County.The petition shall specify each ground upon which the petitioner relies in seeking the relief sought.The petition may be based upon a failure of the demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of the petitioner.The petitioner shall serve notice of hearing of the petition and a copy of the petition upon the attorney general.The attorney general may submit an answer to the petition within 30 days after receipt of the petition.After a hearing on the petition described in Subsection (7)(b)(i), and for good cause shown, the court may make any further order in the proceedings that justice requires to protect the person from unreasonable annoyance, embarrassment, oppression, burden, or expense.At a hearing pursuant to this section it is the attorney general’s burden to establish that the demand is proper, that there is reasonable cause to believe that there has been a violation of this part, and that the information sought is relevant to the violation.
(8) The attorney general may enter into a confidentiality agreement in lieu of, or in addition to, issuing a civil investigative demand, when the attorney general has reasonable cause to believe that a person may be in possession, custody, or control of information relevant to a civil antitrust investigation or civil antitrust action.In a civil antitrust action, the court may issue a confidentiality order, which may incorporate a confidentiality agreement.The confidentiality agreement or confidentiality order may address any procedure, testimony taken, or document or material produced under this section.The agreement or order may define to whom access will be given, the conditions and the restrictions to the access, and how the testimony, document, or material will be safeguarded.The agreement or order may require that documentation of testimony and any other document or material:be returned to the designated person; ornotwithstanding the provisions of Section 63A-12-105 and any retention schedule promulgated pursuant to Section 63G-2-604, be destroyed by the attorney general at a designated time, in which case this requirement is binding upon the attorney general.
(9) Any procedure, testimony taken, or document or material produced under this section, whether produced pursuant to a civil investigative demand, confidentiality agreement, or confidentiality order, shall be kept confidential by the attorney general unless confidentiality is waived in writing by the person who has testified, or produced a document or material.Any testimony taken or document or material produced under this section may be used in a civil antitrust action, provided that the use is not restricted or prohibited under a confidentiality agreement or confidentiality order, unless that restriction or prohibition is waived by the person from whom the information was obtained.Notwithstanding any other provision of this section, the attorney general may disclose testimony taken or a document or material obtained under this section, without either the consent of the person from whom it was received or the person being investigated, to:a grand jury; andofficers and employees of federal or state law enforcement agencies, provided the person from whom the information was obtained is notified 20 days prior to disclosure, and the federal or state law enforcement agency certifies that the information will be:maintained in confidence, as required by Subsection (9)(a); andused only for official law enforcement purposes.
(10) Use of a civil investigative demand under this action precludes the invocation by the attorney general of Section 77-22-2.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-507 - Venue of an action brought by the state — Transfer.
An action brought by the state pursuant to this part shall be brought in any county in which the defendant resides or does business, or at the option of the defendant, the action shall be transferred, upon motion made within 30 days after commencement of the action, to Salt Lake County.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-508 - Attorney general to advocate for the policy of competition.
The attorney general has the authority and responsibility to advocate for 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 173, 2025 General Session
76-16-509 - 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 the state’s political subdivisions or agencies, or as parens patriae on behalf of natural persons in this state, for a violation of this part.
(2) Actions may be brought under this part regardless of whether the plaintiff dealt directly or indirectly with the defendant.
(3) This remedy is an additional remedy to any other remedies provided by law and may not diminish or offset any other remedy.
(4) An individual who violates this act is subject to a civil penalty of not more than $100,000 for each violation.
(5) A person, other than an individual, who violates this act is subject to a civil penalty of not more than $500,000 for each violation.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-510 - 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 is 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.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-511 - 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 — Conviction as prima facie evidence.
(1) A person who is a citizen of this state or a resident of this state and who is injured or is threatened with injury in the person’s business or property by a violation of this part may bring an action for injunctive relief and damages, regardless of whether the person dealt directly or indirectly with the defendant.This remedy is in addition to any other remedies provided by law and may not diminish or offset any other remedy.Subject to the provisions of Subsections (3), (4), and (5), the court shall award three times the amount of damages sustained, plus the cost of suit and a reasonable attorney fees, in addition to granting any appropriate temporary, preliminary, or permanent injunctive relief.
(2) If the court determines that a judgment in the amount of three times the damages awarded plus attorney fees and costs will directly cause the insolvency of the defendant, the court shall reduce the amount of judgment to the highest sum that would not cause the defendant’s insolvency.The court may not reduce a judgment to an amount less than the amount of damages sustained plus the costs of suit and reasonable attorney fees.
(3) The state or any of its political subdivisions may recover three times the amount of damages it sustains and the civil penalty provided by this part, in addition to injunctive relief, costs of suit, and reasonable attorney fees.
(4) No damages, costs, or attorney fees may be recovered under this section:from any political subdivision;from the official or employee of any political subdivision acting in an official capacity; oragainst any person based on any official action directed by a political subdivision or the political subdivision’s official or employee acting in an official capacity.
(5) Subsection (4) does not apply to cases filed before April 27, 1987, unless the defendant establishes and the court determines that in light of all the circumstances, including the posture of litigation and the availability of alternative relief, it would be inequitable not to apply Subsection (4) to a pending case.
(6) When a defendant has been sued in one or more actions by both direct and indirect purchasers, whether in state court or federal court, a defendant shall be entitled to prove as a partial or complete defense to a claim for damages that the damages incurred by the plaintiff or plaintiffs have been passed on to others who are entitled to recover so as to avoid duplication of recovery of damages.In an action by indirect purchasers, any damages or settlement amounts paid to direct purchasers for the same alleged antitrust violations shall constitute a defense in the amount paid on a claim by indirect purchasers under this part so as to avoid duplication of recovery of damages.
(7) It shall be presumed, in the absence of proof to the contrary, that the injured persons who dealt directly with the defendant incurred at least 1/3 of the damages, and shall, therefore, recover at least 1/3 of the awarded damages.It shall also be presumed, in the absence of proof to the contrary, that the injured persons who dealt indirectly with the defendant incurred at least 1/3 of the damages, and shall, therefore, recover at least 1/3 of the awarded damages.The final 1/3 of the damages shall be awarded by the court to those injured persons determined by the court as most likely to have absorbed the damages.
(8) There is a presumption, in the absence of proof to the contrary and subject to Subsection (7), that each level in a product’s or service’s distribution chain passed on any and all increments in its cost due to an increase in the cost of an ingredient or a component product or service that was caused by a violation of this part.The amount described in Subsection (8)(a) will be presumed, in the absence of evidence to the contrary, to be equal to the change in the cost, in dollars and cents, of the ingredient, component product, or service to its first purchaser.
(9) The attorney general shall be notified by the plaintiff about the filing of a class action involving antitrust violations that includes plaintiffs from this state.The attorney general shall receive a copy of each filing described in Subsection (9)(a) from each plaintiff.The attorney general may, in his or her discretion, intervene or file amicus briefs in the case, and may be heard on the question of the fairness or appropriateness of any proposed settlement agreement.
(10) If, in a class action or parens patriae action filed under this part, including the settlement of an action, it is not feasible to return any part of the recovery to the injured plaintiffs, the court shall order the residual funds be applied to benefit the specific class of injured plaintiffs, to improve antitrust enforcement generally by depositing the residual funds into the Attorney General Litigation Fund created by Section 67-5-40, or both.
(11) In an action brought under this part, the court shall approve all attorney fees and arrangements for the payment of attorney fees, including contingency fee agreements.
(12) Except as provided in Subsection (12)(b), in an action brought by the state, a final judgment or decree determining that a person has criminally violated this part is prima facie evidence against that person in an action brought under this section as to all matters with respect to which the judgment or decree would be an estoppel between the parties to the judgment or decree.Subsection (12)(a) does not apply to a judgment entered under a no contest plea or a decree entered before any testimony has been taken.
Renumbered and Amended by Chapter 173, 2025 General Session
76-16-512 - Fine for violation — Certain vertical agreements excluded — Nolo contendere.
(1) Any person who violates Section 76-16-510 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 Sections 76-3-301 and 76-3-302, is subject to:if an individual, a fine not to exceed 500,000.Subsection (1)(a) may not be construed to include vertical agreements between a manufacturer, its distributors, or their subdistributors dividing customers and territories solely involving the manufacturer’s commodity or service where the manufacturer distributes its commodity or service both directly and through distributors or subdistributors in competition with itself.
(2) A defendant may plead nolo contendere to a charge brought under this title but only with the consent of the court.
(3) The court may accept the plea only after due consideration of the views of the parties and the interest of the public in the effective administration of justice.
Renumbered and Amended by Chapter 173, 2025 General Session