Utah Antitrust Laws

Utah antitrust laws are set forth in The Antitrust Act §76-10-911, et seq.    Utah Code Ann. § 76-10-919 permits private action, allows attorney fees, and grants intervention power to the Attorney General.  Under Utah Code Ann. § 76-10-925, period of limitation is four year. A one year limitation is applicable in cases where there was already an action conducted by the state.  The private party should file the suit within one year of the conclusion of the case by the state.  Some provisions of the Act are provided below:

Utah Code Ann. § 76-10-919

§ 76-10-919.  Person may bring action for injunctive relief and damages — Treble damages — Recovery of actual damages or civil penalty by state or political subdivisions — Immunity of political subdivisions from damages, costs, or attorney fees
   (1) (a) A person who is a citizen of this state or a resident of this state and who is injured or is threatened with injury in his business or property by a violation of the Utah Antitrust Act may bring an action for injunctive relief and damages, regardless of whether the person dealt directly or indirectly with the defendant. This remedy is in addition to any other remedies provided by law. It may not diminish or offset any other remedy.
   (b) Subject to the provisions of Subsections (3), (4), and (5), the court shall award three times the amount of damages sustained, plus the cost of suit and a reasonable attorney fees, in addition to granting any appropriate temporary, preliminary, or permanent injunctive relief.
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(9) The attorney general shall be notified by the plaintiff about the filing of any class action involving antitrust violations that includes plaintiffs from this state. The attorney general shall receive a copy of each filing from each plaintiff. The attorney general may, in his or her discretion, intervene or file amicus briefs in the case, and may be heard on the question of the fairness or appropriateness of any proposed settlement agreement.
(10) If, in a class action or parens patriae action filed under this chapter, including the settlement of any action, it is not feasible to return any part of the recovery to the injured plaintiffs, the court shall order the residual funds be applied to benefit the specific class of injured plaintiffs, to improve antitrust enforcement generally by depositing the residual funds into the Attorney General Litigation Fund created by Section 76-10-922, or both.
(11) In any action brought under this chapter, the court shall approve all attorney fees and arrangements for the payment of attorney fees, including contingency fee agreements.

Utah Code Ann. § 76-10-925
§ 76-10-925.  Statute of limitations
(1) Any action brought by the attorney general pursuant to this act is barred if it is not commenced within four years after the cause of action accrues.
(2) Any other action pursuant to this act is barred if it is not commenced within four years after the cause of action accrues, or within one year after the conclusion of an action brought by the state pursuant to this act based in whole or in part on any matter complained of in the subsequent action, whichever is the latter.


Inside Utah Antitrust Laws