76-10-920 - Fine and imprisonment for violation -- Certain vertical agreements excluded -- Nolo contendere.
76-10-920. Fine and imprisonment for violation -- Certain vertical agreementsexcluded -- Nolo contendere.
(1) (a) Any person who violates Section 76-10-914 by price fixing, bid rigging, agreeingamong competitors to divide customers or territories, or by engaging in a group boycott withspecific intent of eliminating competition shall be punished, notwithstanding Sections 76-3-301and 76-3-302:
(i) if an individual, by a fine not to exceed $100,000 or by imprisonment for anindeterminate time not to exceed three years, or both; or
(ii) if by a person other than an individual, a fine not to exceed $500,000.
(b) Subsection (1)(a) may not be construed to include vertical agreements between amanufacturer, its distributors, or their subdistributors dividing customers and territories solelyinvolving the manufacturer's commodity or service where the manufacturer distributes itscommodity or service both directly and through distributors or subdistributors in competitionwith itself.
(2) A defendant may plead nolo contendere to a charge brought under this title but onlywith the consent of the court. Such a plea shall be accepted by the court only after dueconsideration of the views of the parties and the interest of the public in the effectiveadministration of justice.
Amended by Chapter 324, 2010 General Session