Utah § 76-16-402 - Unfair discrimination in competitive practices.

Full text of Utah Utah Code § 76-16-402 — Unfair discrimination in competitive practices., with citation guidance and answers to common questions.

§ 76-16-402. Unfair discrimination in competitive practices.

Effective 5/7/2025
76-16-402.  Unfair discrimination in competitive practices.
(1)Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-401 apply to this section.
(2)An actor commits unfair discrimination in competitive prices if the actor:
(a)is a person engaged in the production, manufacture, or distribution of a commodity in general use; and
(b)intentionally, for the purpose of destroying the competition of a regular, established dealer in the commodity, or to prevent the competition of a person who in good faith intends and attempts to become a dealer, discriminates between different sections, communities, or cities of this state by selling the commodity at a lower rate in one section, community, or city, or any portion of the section, community, or city, than the actor charges for the commodity in another section, community, or city, after equalizing the distance from the point of production, manufacture, or distribution and freight rates.
(3)A violation of this section is subject to:
(a) a fine of not less than $500 and no more than $4,000 for each offense; and
(b)sanctions described in Subsection (4).
(4)
(a)If a complaint is made to the attorney general that a corporation has violated this section, the attorney general shall investigate the complaint, and for that purpose, may subpoena witnesses, administer oaths, take testimony, and require the production of books or other documents.
(b)If in the attorney general's opinion, sufficient grounds exist for a prosecution after an investigation under Subsection (4)(a), the attorney general may prosecute an action in the name of the state to annul the charter or revoke the license of the corporation, and to permanently enjoin the corporation from doing business in this state.
(c)If, in an action described in Subsection (4)(b), the court finds that the corporation is guilty of unfair discrimination under this section, the court shall annul the charter or revoke the license of the corporation and may permanently enjoin the corporation from transacting business in this state.


Renumbered and Amended by Chapter 173, 2025 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 76-16-402

What does Utah Code § 76-16-402 cover?

Section 76-16-402 ("Unfair discrimination in competitive practices.") is part of the Utah Code, the codified statutory law of Utah. 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 Utah § 76-16-402?

A common citation format is "Utah Code § 76-16-402" (Utah). 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 Utah law?

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

How does Utah § 76-16-402 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah 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 Utah.