Tennessee Code Annotated
Tenn. Code Ann. § 47-25-103 (2026)
Criminal penalties for violation of Sections 47-25-101, 47-25-102 - Prosecution
✓ current as of May 2026
- (a) Any violation of either § 47-25-101 or § 47-25-102 is declared to be destructive of full and free competition and a conspiracy against trade, and any person who engages in any such conspiracy or who, as principal, manager, director, or agent, or in any other capacity, knowingly carries out any of the stipulations, purposes, prices, rates, or orders made in furtherance of such conspiracy, commits a Class E felony.
- (b) Any violation of § 47-25-101 or § 47-25-102 by a corporation shall upon conviction be punished by a fine not exceeding one million dollars ($1,000,000).
- (c) The attorney general and reporter has the power to institute criminal proceedings against persons and corporations for violations of § 47-25-101 or § 47-25-102, that involve the award of a contract by the state. However, the attorney general and reporter has jurisdiction to institute criminal proceedings that involve violations on contracts awarded by political subdivisions of the state upon the written request of the local district attorney general.
Acts 1891, ch. 218, § 2; 1903, ch. 140, § 3; Shan., § 3186; Acts 1927, ch. 60, § 4; mod. Code 1932, § 5882; Acts 1981, ch. 530, §§ 1, 2; T.C.A. (orig. ed.), § 69-103; Acts 1989, ch. 591, § 41.
Notes of Decisions
Cited in 1
case, 2001–2001 · leading case: Daniel Sherwood v. Microsoft (Tenn. Ct. App. 2001).
Daniel Sherwood v. Microsoft (Tenn. Ct. App. 2001). “Tenn. Code Ann. §§ 47-25-103 & -104. While providing for enforcement by the Attorney General, it also provides a remedy to those injured by a violation: Any person who is injured or damaged by such arrangement, contract, agreement, trust, or combination described in this part…”
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