13-66-201. Coordinated elimination of boycotted company's options to obtain a product or service prohibited -- Civil action -- Damages -- Exceptions.

293 words·~1 min read·/ut/title-13/chapter-66/13-66-201

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2023

(1)Except as provided in Subsection

(4), a company that offers a product or service may not, with the specific intent of destroying a boycotted company and without an ordinary business purpose, coordinate or conspire with another company to eliminate the viable options for the boycotted company to obtain the product or service.

(a)A person who is injured or is threatened with injury to the person's business or property by a violation of Subsection

(1)may bring an action for injunctive relief or damages.

(b)In an action for a violation of Subsection

(1), the court:

(i)shall award attorney fees and costs to the prevailing party; and

(ii)may not reduce a judgment to an amount less than the amount of actual damages sustained.

(3)A person may not recover damages under this section from:

(a)a political subdivision;

(b)an official or employee of a political subdivision acting in an official capacity; or

(c)another person based on an official action directed by a political subdivision or a political subdivision's official or employee acting in an official capacity.

(4)This section does not prohibit a person from engaging in an activity to the extent the activity is regulated or supervised by state government officers or agencies under the laws of this state or federal government officers or agencies under the laws of the United States.

Enacted by Chapter 298 , 2023 General Session

Technically renumbered to avoid duplication of newly enacted Chapter also in HB 311, Chapter 477, SB 152, Chapter 498, SB 216, Chapter 509, SB 225, Chapter 377, SB 274, Chapter 536.