2006 Utah Code - 76-10-920 — Fine and imprisonment for violation -- Certain vertical agreements excluded -- Nolo contendere.

     76-10-920.   Fine and imprisonment for violation -- Certain vertical agreements excluded -- Nolo contendere.
     (1) (a) Any person who violates Section 76-10-914 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 shall be punished, notwithstanding Sections 76-3-301 and 76-3-302:
     (i) if an individual, by a fine not to exceed $100,000 or by imprisonment for an indeterminate 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 (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. Such a plea shall be accepted by the court only after due consideration of the views of the parties and the interest of the public in the effective administration of justice.

Amended by Chapter 291, 1995 General Session