2022 Georgia Code
Title 16 - Crimes and Offenses
Chapter 10 - Offenses Against Public Administration
Article 2 - Obstruction of Public Administration and Related Offenses
§ 16-10-22. Conspiracy in Restraint of Free and Open Competition in Transactions With State or Political Subdivisions; Forfeiture of Right to Bid on or Enter Into Contracts

Universal Citation:
GA Code § 16-10-22 (2022)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
  1. A person who enters into a contract, combination, or conspiracy in restraint of trade or in restraint of free and open competition in any transaction with the state or any agency thereof, whether the transaction is for goods, materials, or services, shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years. The crime of conspiracy in restraint of free and open competition in transactions with the state shall be complete when the contract, combination, or conspiracy is effected and an overt act in furtherance thereof has been committed.
  2. A person who enters into a contract, combination, or conspiracy in restraint of trade or in restraint of free and open competition in any transaction with a political subdivision or any agency thereof, whether the transaction is for goods, materials, or services, shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years. The crime of conspiracy in restraint of free and open competition in transactions with political subdivisions shall be complete when the contract, combination, or conspiracy is effected and an overt act in furtherance thereof has been committed.
  3. A person who is convicted of or who pleads guilty to a violation of subsection (a) or (b) of this Code section as a result of any contract, combination, or conspiracy in restraint of trade or in restraint of free and open competition in any transaction which was entered into or carried out, in whole or in part, on or after July 1, 1985, shall be ineligible to submit a bid on, enter into, or participate in any contract with any department, agency, branch, board, or authority of the state or any county, municipality, board of education, or other political subdivision thereof for a period of five years following the date of the conviction or entry of the plea.

History. Ga. L. 1959, p. 34, § 6; Ga. L. 1964, p. 261, § 6; Code 1933, § 26-2308, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1985, p. 1184, § 1.

Cross references.

Prohibition against contracts and agreements to defeat or lessen competition or encourage monopoly, Ga. Const. 1983, Art. III, Sec. VI, Para. V.

Purchase by state of supplies, materials, and other items generally, § 50-5-50 et seq.

Law reviews.

For article, “Antitrust,” see 44 Mercer L. Rev. 1047 (1993).

Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.