In its 2023 legislative session, the Colorado General Assembly repealed the state’s previous antitrust law and enacted the Colorado State Antitrust Law of 2023, which has now been signed into law by Governor Jay Polis.

The new law provides:

  • Allows any person injured, directly or indirectly, by an antitrust violation to seek an injunction
  • Allows any person injured, directly or indirectly, by an antirust violation to recover damages, including, treble damages for per se violations
  • Allows damages to be calculated using statistical or sampling methods
  • Allows indirect purchasers to bring civil actions for violations of the Antitrust Act
  • Expands the remedies available to the Attorney General for violation of the law, including increased fines and the ability to file criminal charges
  • Expands the Attorney General’s investigative authority to allow the Attorney General to subpoena information not only from persons the Attorney General has reasonable cause to believe violated the Antitrust Law, but also from persons who may have information related to a violation
  • Adds the “little Federal Trade Commission Act,” which makes unfair and deceptive conduct unlawful and authorizes the Attorney General to bring actions to prevent or restrain unfair methods of competition affecting commerce
  • Retains the previous statute of limitations of four years for civil antitrust violations, but adds language stating that a cause of action can accrue on the date that the last in a series of acts or practices violating the Antitrust Act occurs

The Colorado Antitrust Act of 2023 is linked here.

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