Colorado § 6-4-121 - Void contracts - refund.

Full text of Colorado Colorado Revised Statutes § 6-4-121 — Void contracts - refund., with citation guidance and answers to common questions.

§ 6-4-121. Void contracts - refund.

(1) Any contract or agreement that a person makes while a member of any combination, conspiracy, trust, or pool prohibited under this article 4 that is founded upon, is the result of, grows out of, or is connected with any violation of this article 4, either directly or indirectly, is void, and the person may not recover based on or benefit from the contract or agreement.

(2) Any payments made upon, under, or pursuant to a contract or agreement for the benefit of a person that is a member of any combination, conspiracy, trust, or pool prohibited under this article 4 may be recovered in an action brought by the party making the payments or by the party's heirs, personal representatives, or assigns.

Source: L. 2023: Entire article R&RE, (HB 23-1192), ch. 427, p. 2518, § 2, effective June 7.

Editor's note: This section is similar to former § 6-4-121 as it existed prior to 2023.

ANNOTATION

Law reviews. For article, "Antitrust and the Lay Lawyer", see 44 Den. L.J. 558 (1967). For article, "Colorado Antitrust Law Seven Years Later", see 13 Colo. Law. 1808 (1984).

Annotator's note. Since § 6-4-121 is similar to § 6-4-121 as it existed prior to the 2023 repeal and reenactment of this article and to laws antecedent to that section, relevant cases construing those provisions have been included in the annotations to this section.

This section presupposes a violation of the Colorado Antitrust Act of 1992. Software end users who lacked standing to maintain an action under other sections of the Act thus also lacked standing to seek relief under this section. Pomerantz v. Microsoft Corp., 50 P.3d 929 (Colo. App. 2002).

Applied in Q-T Mkts., Inc. v. Fleming Cos., 394 F. Supp. 1102 (D. Colo. 1975); Frontier Airlines, Inc. v. United Airlines, Inc., 758 F. Supp. 1399 (D. Colo. 1989).

Frequently Asked Questions About Colorado § 6-4-121

What does Colorado Revised Statutes § 6-4-121 cover?

Section 6-4-121 ("Void contracts - refund.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Colorado § 6-4-121?

A common citation format is "Colorado Revised Statutes § 6-4-121" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Colorado law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.

How does Colorado § 6-4-121 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.