Colorado Antitrust Laws

Colorado Title Six, Article four, section 6-4-101 et seq. is also known as the “Colorado Antitrust Act of 1992″.  Colorado Revised Statutes Section 6-4-111 provides who can sue under the Act.  The Attorney General has the authority to institute actions or proceedings to prevent violations of this Article.  The Attorney General is entitled to recover the cost of investigation, expert fees, costs of the action, and reasonable attorney fees pursuant to section 6-4-111 (4).  The limitation period prescribed, under Colorado Revised Statutes 6-4-118 is six years.  Any action brought under this Chapter should commence within four years after the cause of action accrues.  If an Attorney General institutes a civil or criminal action, the running of the limitation period is suspended during the pendency and for one year thereafter.

C.R.S. 6-4-111: Enforcement by the attorney general:

(1) The attorney general shall have the authority to institute actions or proceedings to prevent or restrain violations of this article.

(2) The attorney general may bring a civil action on behalf of any governmental or public entity, with the written consent of such entity, injured, either directly or indirectly, in its business or property by reason of any violation of this article and, if successful, shall recover any actual damages sustained by such entity. If the violation alleged and proved is determined by the court to be a per se violation of this article, the attorney general may recover three times the actual damages sustained by such entity.

(3) (a) The attorney general may bring a civil action as parens patriae on behalf of natural persons residing within the state injured in their business or property by reason of any violation of this article and, if successful, shall recover any actual damages sustained by such natural persons. If the violation alleged and proved is determined by the court to be a per se violation of this article, the attorney general may recover three times the actual damages sustained by such natural persons.

(b) In any parens patriae action brought pursuant to paragraph (a) of this subsection (3), the attorney general shall cause notice to be given to the proposed parens group by publication or as otherwise directed by the court, and all proposed parens group members shall have the right to elect to have their particular claim excluded from that proceeding. No dismissal or compromise settlement of an action brought by the attorney general as parens patriae shall be entered without the approval of the court and notice to all proposed parens group members.

(c) In any parens patriae action in which actual or treble damages are recovered, the court, in its discretion, may determine that the amount of damages recovered is too small to make a refund to parens group members practicable. In that event, the court may direct such damages to be paid to the general fund of the state or to some other governmental or public entity as the court deems appropriate or may require that damages be paid as rebates or price reductions to future consumers.

C.R.S. 6-4-118: Statute of limitations:
(1) Any civil action commenced pursuant to this article shall be brought within four years from the date that such cause of action accrued. For purposes of this article, a cause of action accrues when the circumstances giving rise to the cause of action are discovered or should have been discovered in the exercise of reasonable diligence.

(2) Any criminal proceeding brought pursuant to this article shall be commenced within six years after the act complained of occurred.

(3) If any proceeding or action is commenced by the attorney general for any violation of this article, the running of the statute of limitations with respect to every cause of action based in whole or in part on any matter complained of therein shall be suspended during the pendency thereof and for one year thereafter.

(4) In any action brought pursuant to this section, the attorney general, if successful, shall be entitled to recover the costs of investigation, expert fees, costs of the action, and reasonable attorney fees.

C.R.S. 6-4-111: Attorney Fees:

(4) In any action brought pursuant to this section, the attorney general, if successful, shall be entitled to recover the costs of investigation, expert fees, costs of the action, and reasonable attorney fees.


Inside Colorado Antitrust Laws