1st Sub. H.B. 449
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: E.A. Evans 6
6 02-20-23 8:31 PM 6
H.B. 449
1st Sub. (Buff)
Representative Ken Ivory proposes the following substitute bill:
1 UNLAWFUL ANTICOMPETITIVE ACTIVITY AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ken Ivory
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill addresses unlawful activity under the Utah Antitrust Act.
10Highlighted Provisions:
11 This bill:
12 <defines "monopolized company";
13 <modifies the definition of "attempt to monopolize" under the Utah Antitrust Act to
14include intentionally destroying a monopolized company by eliminating the viable
15options for the company to obtain a product or service; and
16 <makes technical and conforming changes.
17Money Appropriated in this Bill:
18 None
19Other Special Clauses:
20 None
21Utah Code Sections Affected:
22AMENDS:
23 76-10-3103, as last amended by Laws of Utah 2015, Chapter 140
24
25Be it enacted by the Legislature of the state of Utah:
*HB0449S01* 1st Sub. (Buff) H.B. 449 02-20-23 8:31 PM
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26 Section 1. Section 76-10-3103 is amended to read:
27 76-10-3103. Definitions.
28 As used in this part:
29 (1) "Attempt to monopolize" means action taken:
30 (a) without a legitimate business purpose; and
31 (b) (i) with a specific intent of destroying competition or controlling prices to
32substantially lessen competition, or creating a monopoly, where there is a dangerous
33probability of creating a monopoly[.]; or
34 (ii) with specific intent of destroying a monopolized company by eliminating the viable
35options for the monopolized company to obtain a product or service.
36 (2) "Attorney general" means the attorney general of the state or one of the attorney
37general's assistants.
38 (3) "Commodity" includes any product of the soil, any article of merchandise or trade
39or commerce, and any other kind of real or personal property.
40 (4) "Manufacturer" means the producer or originator of any commodity or service.
41 (5) "Monopolized company" means an entity that:
42 (a) engages in, facilitates, or supports the manufacture, import, distribution,
43advertising, sale, or lawful use of a firearm, ammunition, or another component or accessory of
44a firearm or ammunition;
45 (b) does not meet or commit to meet:
46 (i) diversity, equity, or inclusion criteria, including corporate board, or employment,
47composition, compensation, or disclosure criteria that incorporates race, color, sex, religion,
48ancestry, or national origin;
49 (ii) environmental, social, or governance criteria in that the entity engages in the
50exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based or
51nuclear energy, timber, mining, or agriculture; or
52 (iii) environmental standards, including standards for eliminating, reducing, offsetting,
53or disclosing greenhouse gas-emissions, beyond applicable state and federal law requirements;
54or
55 (c) does not facilitate or commit to facilitate access to abortion or sex characteristic
56surgical procedures. 02-20-23 8:31 PM 1st Sub. (Buff) H.B. 449
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57 [(5)] (6) "Service" includes any activity that is performed in whole or in part for the
58purpose of financial gain including, but not limited to, personal service, professional service,
59rental, leasing or licensing for use.
60 [(6)] (7) "Trade or commerce" includes all economic activity involving, or relating to,
61any commodity, service, or business activity, including the cost of exchange or transportation.