2021 Colorado Code
Title 7 - Corporations and Associations
Article 56 - Cooperatives
Part 5 - Powers and Purposes: Application of Other Laws
§ 7-56-508. Cooperatives Not in Restraint of Trade
No cooperative formed under or subject to this article shall solely by its organization and existence be deemed to be a conspiracy or a combination in restraint of trade, an illegal monopoly, or an attempt to lessen competition or to fix prices arbitrarily, nor shall the marketing or purchasing contracts and agreements between any cooperative and its members or any agreements authorized in this article be considered illegal as such, in unlawful restraint of trade, or as part of a conspiracy or combination to accomplish an improper or illegal purpose.
History. Source: L. 96: Entire article R&RE, p. 512, § 1, effective July 1. L. 2003: Entire section amended, p. 2229, § 92, effective July 1, 2004.
Editor's note:
This section is similar to former § 7-56-129 as it existed prior to 1996.
ANNOTATIONAnnotator's note: Since § 7-56-508 is similar to § 7-56-129 as it existed prior to the 1996 repeal and reenactment of this article, relevant cases construing that provision have been included in the annotations to this section.
This section exempts cooperative marketing associations from the penalties and restrictions of the state's anti-trust law. Rifle Potato Growers' Coop. Ass'n v. Smith, 78 Colo. 171 , 240 P. 937 (1925); Beatrice Creamery Co. v. Cline, 9 F.2d 176 (D. Colo. 1925 ).
And the general assembly does have the power to exempt such combinations from prosecution and dissolution as unlawful trusts. Rifle Potato Growers' Coop. Ass'n v. Smith, 78 Colo. 171 , 240 P. 937 (1925); Beatrice Creamery Co. v. Cline, 9 F.2d 176 (D. Colo. 1925 ).