(1) 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 orexempt 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 isfiled 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.
(6) 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.
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.