Ky. Rev. Stat. » Chapter 367
Kentucky Revised Statutes

Ky. Rev. Stat. § 367.175 (2026)

Other unlawful acts

✓ current as of May 2026
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(1) Every contract, combination in the form of trust and otherwise, or conspiracy, in restraint of trade or commerce in this Commonwealth shall be unlawful. (2) It shall be unlawful for any person or persons to monopolize, attempt to monopolize, or combine or conspire with any other person or persons to monopolize any part of the trade or commerce in this Commonwealth. (3) In addition to any other penalties, a violation of this section shall also be a Class C felony. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 150, sec. 4, effective June 29, 2023. -- Amended 1990 Ky. Acts ch. 443, sec. 42, effective July 13, 1990. -- Created 1976 Ky. Acts ch. 330, sec. 1.

Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1978–2026 · leading case: Kentucky Laborers Dist. Council Health & Welfare Trust Fund v. Hill & Knowlton, Inc., 24 F. Supp. 2d 755 (W.D. Ky. 1998).
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Kentucky Laborers Dist. Council Health & Welfare Trust Fund v. Hill & Knowlton, Inc., 24 F. Supp. 2d 755 (W.D. Ky. 1998). · cites it 7× “170, § 367.175, and § 506.040. They contend that Defendants’ deceptions and their conspiracy in restraint of trade damaged the Funds and their Participants by causing more smoking-related illnesses and higher health care costs.”
RaceTech, LLC v. Kentucky Downs, LLC, 169 F. Supp. 3d 709 (W.D. Ky. 2016). · cites it 7× “In relevant part, KRS 367.175 provides: (1) Every contract, combination in the form of trust and otherwise, or conspiracy, in restraint of trade or commerce in this Commonwealth shall be unlawful.”
Rich & Rich P'ship v. Poetman Records USA, Inc., 714 F. Supp. 2d 657 (E.D. Ky. 2010). · cites it 3× “Rich & Rich concedes that its citation to Ky.Rev.Stat. Ann. § 367.175 in the count on its unfair competition claim, R.”
Kenney v. Hanger Prosthetics & Orthotics, Inc., 269 S.W.3d 866 (Ky. Ct. App. 2007). “*874 KRS 367.175, which prohibits the “restraint of trade and formation of monopolies[,]” Brandon v.”
Mendell v. Golden-Farley of Hopkinsville, Inc., 573 S.W.2d 346 (Ky. Ct. App. 1978). · cites it 3× “Hopkinsville Associates points out that KRS 367.175 is based upon sections 1 and 2 of the Sherman Anti-Trust Act.”
California v. Infineon Tech. AG, 531 F. Supp. 2d 1124 (N.D. Cal. 2007). “See Ky Rev. Stat. Ann. §§ 367.175, 367.170; see also FAC at ¶¶ 145^6.”
Williams v. Chase Bank USA, N.A., 390 S.W.3d 824 (Ky. Ct. App. 2012). · cites it 2× “170 and KRS 367.175. KRS 367.170 provides in pertinent part as follows: (1) Unfair, false, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.”
Brandon v. Combs, 666 S.W.2d 755 (Ky. Ct. App. 1983). “By amendment to his counterclaim, Brandon alleged violation of Kentucky statute KRS 367.175 prohibiting restraint of trade and formation of monopolies.”
United States v. Solinger, 457 F. Supp. 2d 743 (W.D. Ky. 2006). · cites it 2× “For each of these claims, Plaintiff also asserts the Kentucky state law equivalent under the Little Sherman Act, see Consumer Protection Act, Ky.Rev.Stat. Ann. § 367.175 (2006), and brings two additional state law claims of unfair competition and unlawful conspiracy in excluding…”
Powerscreen USA, LLC v. D & L Equip., Inc., 661 F. Supp. 2d 705 (W.D. Ky. 2009). “15 Therefore, KRS 367.175 is inapplicable. KRS 367.170 is inapplicable.”
Commonwealth of Kentucky v. Marathon Petroleum Co., 191 F. Supp. 3d 694 (2016). · cites it 3× “Kentucky Law Claims The Commonwealth asserts four claims based on state law: two Ky. Rev. Stat. Ann. § 367.175 claims, one Ky.”
Puppygram Com LLC v. louisville/jefferson Cnty. Metro Gov't (Ky. Ct. App. 2026). · cites it 5× “The statute provides that KRS 367.175 shall not be construed to render illegal activities which are legitimate under the laws of the Commonwealth or the United States.”
Show all 15 citing cases →
— Ky. Rev. Stat. § 367.175(1) — 2 cases
RaceTech, LLC v. Kentucky Downs, LLC, 169 F. Supp. 3d 709 (W.D. Ky. 2016). “In relevant part, KRS 367.175 provides: (1) Every contract, combination in the form of trust and otherwise, or conspiracy, in restraint of trade or commerce in this Commonwealth shall be unlawful.”
Williams v. Chase Bank USA, N.A., 390 S.W.3d 824 (Ky. Ct. App. 2012). “170 and KRS 367.175. KRS 367.170 provides in pertinent part as follows: (1) Unfair, false, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.”
— Ky. Rev. Stat. § 367.175(2) — 3 cases
RaceTech, LLC v. Kentucky Downs, LLC, 169 F. Supp. 3d 709 (W.D. Ky. 2016). “In relevant part, KRS 367.175 provides: (1) Every contract, combination in the form of trust and otherwise, or conspiracy, in restraint of trade or commerce in this Commonwealth shall be unlawful.”
NFINITYLINK Commc'ns, Inc. v. City of Monticello, Kentucky (E.D. Ky. 2021).
Puppygram Com LLC v. louisville/jefferson Cnty. Metro Gov't (Ky. Ct. App. 2026). “The statute provides that KRS 367.175 shall not be construed to render illegal activities which are legitimate under the laws of the Commonwealth or the United States.”
— Ky. Rev. Stat. § 367.175(3) — 1 case
Puppygram Com LLC v. louisville/jefferson Cnty. Metro Gov't (Ky. Ct. App. 2026). “The statute provides that KRS 367.175 shall not be construed to render illegal activities which are legitimate under the laws of the Commonwealth or the United States.”
— Ky. Rev. Stat. § 367.175(l) — 1 case
RaceTech, LLC v. Kentucky Downs, LLC, 169 F. Supp. 3d 709 (W.D. Ky. 2016). “In relevant part, KRS 367.175 provides: (1) Every contract, combination in the form of trust and otherwise, or conspiracy, in restraint of trade or commerce in this Commonwealth shall be unlawful.”
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