Title 16, Chapter 10, Section 22
( 16-10-22)
(a) A person who enters into a contract, combination, or conspiracy
in restraint of trade or in restraint of free and open competition
in any transaction with the state or any agency thereof, whether the
transaction is for goods, materials, or services, shall, upon
conviction thereof, be punished by imprisonment for not less than
one nor more than five years. The crime of conspiracy in restraint
of free and open competition in transactions with the state shall be
complete when the contract, combination, or conspiracy is effected
and an overt act in furtherance thereof has been committed. (b) A person who enters into a contract, combination, or conspiracy
in restraint of trade or in restraint of free and open competition
in any transaction with a political subdivision or any agency
thereof, whether the transaction is for goods, materials, or
services, shall, upon conviction thereof, be punished by
imprisonment for not less than one nor more than five years. The
crime of conspiracy in restraint of free and open competition in
transactions with political subdivisions shall be complete when the
contract, combination, or conspiracy is effected and an overt act in
furtherance thereof has been committed. (c) A person who is convicted of or who pleads guilty to a violation
of subsection (a) or (b) of this Code section as a result of any
contract, combination, or conspiracy in restraint of trade or in
restraint of free and open competition in any transaction which was
entered into or carried out, in whole or in part, on or after July
1, 1985, shall be ineligible to submit a bid on, enter into, or
participate in any contract with any department, agency, branch,
board, or authority of the state or any county, municipality, board
of education, or other political subdivision thereof for a period of
five years following the date of the conviction or entry of the
plea. |