Utah Code 76-10-3112. Fine for violation — Certain vertical agreements excluded — Nolo contendere
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(1)
Terms Used In Utah Code 76-10-3112
- Commodity: includes any product of the soil, any article of merchandise or trade or commerce, and any other kind of real or personal property. See Utah Code 76-10-3103
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Manufacturer: means the producer or originator of any commodity or service. See Utah Code 76-10-3103
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Service: includes any activity that is performed in whole or in part for the purpose of financial gain including, but not limited to, personal service, professional service, rental, leasing or licensing for use. See Utah Code 76-10-3103
(1)(a) Any person who violates Section 76-10-3104 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 is guilty of a third degree felony and, notwithstanding Sections 76-3-301 and 76-3-302 , is subject to:
(1)(a)(i) if an individual, a fine not to exceed $100,000; or
(1)(a)(ii) if by a person other than an individual, a fine not to exceed $500,000.
(1)(b) Subsection (1)(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. The court may accept the plea only after due consideration of the views of the parties and the interest of the public in the effective administration of justice.