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[Utah Code Table of Contents]
[TITLE 41. Table of Contents]
41-4-1 Agreements to finance through designated source which lessen competition or create monopoly declared void.
It shall be unlawful for any person who is engaged, either
directly or indirectly, in the manufacture or distribution
of motor vehicles, to sell or enter into a contract to sell
motor vehicles, whether patented or unpatented, to any person
who is engaged or intends to engage in the business of selling
such motor vehicles at retail in this state, on the condition
or with an agreement or understanding, either express or
implied, that such person so engaged in selling motor vehicles
at retail shall in any manner finance the purchase or sale
of any one or number of motor vehicles only with or through
a designated person or class of persons or shall sell and
assign the conditional sales contracts, chattel mortgages
or leases arising from the sale of motor vehicles or any
one or number thereof only to a designated person or class
of persons, when the effect of the condition, agreement or
understanding so entered into may be to lessen or eliminate
competition, or create or tend to create a monopoly in the
person or class of persons who are designated, by virtue
of such condition, agreement or understanding to finance
the purchase or sale of motor vehicles or to purchase such
conditional sales contracts, chattel mortgages or leases,
and any such condition, agreement or understanding is hereby
declared to be void and against the public policy of this
state.
1953
41-4-2 Threat to discontinue sales to retail seller prima facie evidence of violation.
Any threat, expressed or implied, made directly or indirectly
to any person engaged in the business of selling motor vehicles
at retail in this state by any person engaged, either directly
or indirectly, in the manufacture or distribution of motor
vehicles, that such person will discontinue or cease to sell,
or refuse to enter into a contract to sell, or will terminate
a contract to sell motor vehicles, whether patented or unpatented,
to such person who is so engaged in the business of selling
motor vehicles at retail, unless such person finances the
purchase or sale of any one or number of motor vehicles only
with or through a designated person or class of persons or
sells and assigns the conditional sales contracts, chattel
mortgages or leases arising from his retail sales of motor
vehicles or any one or number thereof only to a designated
person or class of persons shall be prima facie evidence
of the fact that such person so engaged in the manufacture
or distribution of motor vehicles has sold or intends to
sell the same on the condition or with the agreement or understanding
prohibited in Section
41-4-1
.
1953
41-4-3 Threat to discontinue sales to person engaged in business of financing who is affiliated with manufacturer or distributor.
Any threat, expressed or implied, made directly or indirectly,
to any person engaged in the business of selling motor vehicles
at retail in this state by any person, or any agent of any
such person, who is engaged in the business of financing
the purchase or sale of motor vehicles or of buying conditional
sales contracts, chattel mortgages or leases on motor vehicles
in this state and is affiliated with or controlled by any
person engaged, directly or indirectly, in the manufacture
or distribution of motor vehicles, that such person so engaged
in such manufacture or distribution shall terminate his contract
with or cease to sell motor vehicles to such person engaged
in the sale of motor vehicles at retail in this state unless
such person finances the purchase or sale of any one or number
of motor vehicles only or through a designated person or
class of persons or sells and assigns the conditional sales
contracts, chattel mortgages, or leases arising from his
retail sale of motor vehicles or any one or any number thereof
only to such person so engaged in financing the purchase
or sale of motor vehicles or in buying conditional sales
contracts, chattel mortgages or leases on motor vehicles,
shall be presumed to be made at the direction of and with
the authority of such person so engaged in such manufacture
or distribution of motor vehicles, and shall be prima facie
evidence of the fact that such person so engaged in the manufacture
or distribution of motor vehicles has sold or intends to
sell the same on the condition or with the agreement or understanding
prohibited in Section
41-4-1
.
1953
41-4-4 Giving of gratuity by manufacturer or wholesaler to one financing sales which lessens competition, unlawful.
It shall be unlawful for any person who is engaged, directly
or indirectly, in the manufacture or wholesale distribution
only of motor vehicles, whether patented or unpatented, to
pay or give, or contract to pay or give any thing or service
of value to any person who is engaged in the business of
financing the purchase or sale of motor vehicles or of buying
conditional sales contracts, chattel mortgages or leases
on motor vehicles sold at retail within this state if the
effect of any such payment or the giving of any such thing
or service of value may be to lessen or eliminate competition,
or tend to create or create a monopoly in the person or class
of persons who receive or accept such thing or service of
value.
1953
41-4-5 Unlawful for person financing sales to accept gratuity.
It shall be unlawful for any person who is engaged in
the business of financing the purchase or sale of motor vehicles
or of buying conditional sales contracts, chattel mortgages
or leases on motor vehicles sold at retail within this state
to accept or receive, or contract or agree to accept or receive,
either directly or indirectly, any payment, thing, or service
of value from any person who is engaged, either directly
or indirectly, in the manufacture or wholesale distribution
only of motor vehicles, whether patented or unpatented, if
the effect of the acceptance or receipt of any such payment,
thing, or service of value may be to lessen or eliminate
competition, or to create or tend to create a monopoly in
the person who accepts or receives such payment, thing, or
service of value, or contracts or agrees to accept or receive
the same.
1953
41-4-6 Accepting gratuity, unlawful thereafter to finance sales.
It shall be unlawful for any person who hereafter so accepts
or receives, either directly or indirectly, any payment,
thing, or service of value, as set forth in Section
41-4-5
, or hereafter so contracts, either directly
or indirectly, to receive any such payment or thing or service
of value to thereafter finance or attempt to finance the
purchase or sale of any motor vehicle or buy or attempt to
buy any conditional sales contracts, chattel mortgages or
leases on motor vehicles sold at retail in this state.
1953
41-4-7 Violation by corporation - Penalty.
For a violation of any of the provisions of this act by
any corporation or association mentioned herein, it shall
be the duty of the attorney general or the district attorney
of the proper county, to institute proper suits or quo warranto
proceedings in any court of competent jurisdiction for the
forfeiture of its charter rights, franchises or privileges
and powers exercised by such corporation or association,
and for the dissolution of the same under the general statutes
of the state.
1953
41-4-8 Violation by foreign corporation - Penalty.
Every foreign corporation, as well as every foreign association,
exercising any of the powers, franchises, or functions of
a corporation in this state, violating any of the provisions
of this act, is hereby denied the right and prohibited from
doing any business in this state, and it shall be the duty
of the attorney general to enforce this provision by bringing
proper proceedings by injunction or otherwise. The Division
of Corporations and Commercial Code shall be authorized to
revoke the license of any such corporation or association
heretofore authorized by it to do business in this state.
1984
41-4-9 Persons violating provisions - Penalty.
Any person who violates any of the provisions of this
act, any person who is a party to any agreement or understanding,
or to any contract prescribing any condition prohibited by
this act, and any employee, agent or officer of any such
person who shall participate, in any manner, in making, executing,
enforcing, performing or in urging, aiding or abetting in
the performance of any such contract, condition, agreement
or understanding and any person who pays or gives or contracts
to pay or give any thing or service of value prohibited by
this act, and any person who receives or accepts or contracts
to receive or accept any thing or service of value prohibited
by this act, shall be deemed guilty of a felony and upon
conviction thereof shall be punished by a fine of not less
than $50 nor more than $5,000, or be imprisoned not less
than six months nor more than one year, or by both such fine
and imprisonment. Each day's violation of this provision
shall constitute a separate offense.
1953
41-4-10 Agreements in violation of provisions are void.
Any contract or agreement in violation of the provisions
of this act, shall be absolutely void and shall not be enforceable
either in law or equity.
1953
41-4-11 Provisions cumulative.
The provisions hereof shall be held cumulative of each
other and of all other laws in any way affecting them now
in force in this state.
1953
41-4-12 Actions for damages.
In addition to the criminal and civil penalties herein
provided, any person who is injured in his business or property
by any other person or corporation or association or partnership,
by reason of anything forbidden or declared to be unlawful
by this act, may sue therefor in any court having jurisdiction
thereof in the county where the defendant resides or is found,
or any agent resides or is found, or where service may be
obtained, without respect to the amount in controversy, and
to recover twofold the damages by him sustained, and the
costs of suit. Whenever it shall appear to the court before
which any proceeding under this act is pending, that the
ends of justice require that other parties shall be brought
before the court, the court may cause them to be made parties
defendant and summoned, whether they reside in the county
where such action is pending, or not.
1953
41-4-13 Definitions.
(a) The term "person," as used in this act, means any individual, firm, corporation, partnership, association, trustee, receiver or assignee for the benefit of creditors.
(b) The terms "sell," "sold," "buy," and "purchase," as
used in this act, include exchange, barter, gift, and offer
or contract to sell or buy.
1953
41-4-14 Separability clause.
If any section, subsection, sentence, clause or phrase
of this act is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining
portions of this act. The Legislature hereby declares that
it would have passed this act, and each section, subsection,
sentence, clause and phrase thereof irrespective of the fact
that any one or more other sections, subsections, sentences,
clauses or phrases be declared unconstitutional.
1953
