Colorado § 6-4-109 - Exemptions.

§ 6-4-109. Exemptions.

(1) The labor of an individual is not a commodity, a service, or an article of trade or commerce.

(2) Nothing in this article 4 shall be construed to:

(a) Forbid the existence and operation of a labor, agricultural, or horticultural organization that:

(I) Is instituted for the purpose of providing mutual help or is engaged in making collective sales or marketing for its members or shareholders;

(II) Does not have capital stock; and

(III) Is not being conducted for profit; or

(b) Forbid or restrain individual members of a labor, agricultural, or horticultural organization from lawfully carrying out the legitimate objectives of the organization.

(3) A professional review committee constituted and conducting its reviews and activities in accordance with the provisions of part 2 of article 30 of title 12, or the members of the professional review committee, shall not be held or construed to be an illegal combination or conspiracy in restraint of trade under this article 4.

(4) Any person, activity, or conduct exempt or immune under the laws of this state or exempt or immune from the federal antitrust laws is exempt or immune from this article 4 without regard to any monetary threshold imposed by federal law; except that nothing in this article 4 shall be deemed to modify the specific provisions of part 4 of article 4 of title 10.

(5) Nothing in this article 4 prohibits or shall be construed to prohibit the formation and operation of:

(a) Health-care coverage cooperatives pursuant to part 10 of article 16 of title 10; or

(b) Provider networks pursuant to part 3 of article 18 of this title 6.

Source: L. 2023: Entire article R&RE, (HB 23-1192), ch. 427, p. 2512, § 2, effective June 7.

Editor's note: This section is similar to former § 6-4-108 as it existed prior to 2023.

ANNOTATION

Law reviews. For article, "May Regulated Utilities Monopolize the Sun?", see 56 Den. L.J. 31 (1979). For comment, "Antitrust Law in Colorado: Back on Track", see 60 Den. L.J. 645 (1983). For article, "Colorado Antitrust Law Seven Years Later", see 13 Colo. Law. 1808 (1984).

Annotator's note. Since § 6-4-109 is similar to § 6-4-103 as it existed prior to the 1992 repeal and reenactment of this article, a relevant case construing that provision has been included in the annotations to this section.

Applicability of labor exemption. The Colorado labor exemption in former subsection (2) applies to those concerted employee activities arising out of an employment relationship and directed to the improvement of wages, hours of work, and other conditions of employment. People v. N. Ave. Furn. & Appliance, Inc., 645 P.2d 1291 (Colo. 1982) (decided under former law).

Former subsection (2) does not broaden the scope of the labor exemption. People v. N. Ave. Furn. & Appliance, Inc., 645 P.2d 1291 (Colo. 1982) (decided under former law).