CO Code § 6-4-108 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 4 - Colorado Antitrust Act of 1992|§ 6-4-108. Exemptions

  The labor of a human being is not a commodity, service, or article of trade or commerce.    Nothing contained in this article shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for purposes of mutual help, or engaged in making collective sales or marketing for its members or shareholders, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof.    A professional review committee constituted and conducting its reviews and activities in accordance with the provisions of part 2 of article 30 of title 12, or the members thereof, shall not be held nor construed to be illegal combinations or conspiracies in restraint of trade under this article 4.    Any person, activity, or conduct exempt or immune under the laws of this state or exempt or immune from the provisions of the federal antitrust laws shall be exempt or immune from the provisions of this article without regard to any monetary threshold imposed by federal law; except that nothing in this article shall be deemed to modify the specific provisions of part 4 of article 4 of title 10, C.R.S.    Nothing in this article shall prohibit or be construed to prohibit:   The formation of a cooperative health-care agreement that has been approved in whole or in part in accordance with the provisions of part 5 of article 1 of title 25.5, C.R.S.;    Any conduct or activity reasonably necessary and reasonably foreseeable to implement a board-approved cooperative health-care agreement or a decision or order issued by the cooperative health-care agreements board pursuant to part 5 of article 1 of title 25.5, C.R.S.;    The negotiation of or entering into any cooperative health-care agreement which is filed with the cooperative health-care agreements board; or    Community planning, discussions, or negotiations intended in good faith to culminate in a cooperative health-care agreement to be filed with the cooperative health-care agreements board. Such agreements, conduct, or activities shall not be held or construed to be illegal combinations or conspiracies in restraint of trade under this article.       Nothing in this article shall prohibit or be construed to prohibit the formation and operation of health-care coverage cooperatives or provider networks pursuant to part 3 of article 18 of this title or part 10 of article 16 of title 10, C.R.S.     History. Source: L. 92: Entire article R&RE, p. 238, § 1, effective July 1. L. 93: (5) added, p. 1898, § 2, effective July 1. L. 94: (6) added, p. 1941, § 5, effective July 1. L. 95: (5)(a) and (5)(b) amended, p. 511, § 6, effective May 16. L. 2004: (6) amended, p. 1009, § 16, effective August 4. L. 2019: (3) amended,(HB 19-1172), ch. 136, p. 1645, § 14, effective October 1.    Editor's note:   This section is similar to former § 6-4-103 , as it existed prior to 1992.   ANNOTATION   Law reviews. For article, “May Regulated Utilities Monopolize the Sun?”, see 56 Den. L.J. 31 (1979). For comment, “Antitrust Law in Colorado: Back on Track”, see 60 Den. L.J. 645 (1983). For article, “Colorado Antitrust Law Seven Years Later”, see 13 Colo. Law. 1808 (1984).   Annotator's note. Since § 6-4-108 is similar to § 6-4-103 as it existed prior to the 1992 repeal and reenactment of this article, a relevant case construing that provision has been included in the annotations to this section.   Applicability of labor exemption. The Colorado labor exemption in subsection (2) (now subsection (1)) applies to those concerted employee activities arising out of an employment relationship and directed to the improvement of wages, hours of work and other conditions of employment. People v. North Ave. Furn. & Appliance, Inc., 645 P.2d 1291 (Colo. 1982).   Subsection (2) does not broaden the scope of the labor exemption. People v. North Ave. Furn. & Appliance, Inc., 645 P.2d 1291 (Colo. 1982) (referring to what is now subsection (1)).