Colorado Antitrust Reform: Unveiling the Impacts of Sweeping State Legislation

During the 2023 legislative session, the Colorado General Assembly introduced sweeping changes to the state’s antitrust laws. The assembly repealed the existing Colorado Antitrust Act of 1992, replacing it with the newly passed Colorado State Antitrust Act of 2023. Colorado Gov. Jared Polis formally signed the 2023 act into law on June 7.

The Colorado Antitrust Act of 1992 had provided the framework for antitrust behaviors and penalties in the state for over three decades. However, the newly passed 2023 act has significantly broadened the scope of Colorado’s state antitrust law.

Notably, these changes have implications not only for state enforcers tasked with ensuring compliance, but also for private litigants. This new law is predicted to influence how antitrust issues are litigated and resolved, as well as shaping the regulatory landscape within Colorado.

The full details of this development, highlighting the specific changes to the law, potential impacts, and analysis can be found in this comprehensive JD Supra article which was originally published in Law360 on August 2, 2023 by Foley & Lardner LLP.