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 |Add To My Favorites |Track Bill | Version: 10/06/25 - Chaptered
 09/18/25 - Enrolled
 09/02/25 - Amended Assembly
 05/23/25 - Amended Senate
 02/21/25 - Introduced

 SB-763 Conspiracy against trade: punishment.(2025-2026)

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 Date Published: 10/07/2025 02:00 PM

SB763:v95#DOCUMENTBill Start

 Senate Bill

 No. 763

 CHAPTER 426

 An act to amend Section 16755 of, and to add Sections 16755.1 and 16762 to, the Business and Professions Code, relating to business.

 [
 Approved by

 Governor
 October 06, 2025.

 Filed with

 Secretary of State
 October 06, 2025.
 ]

LEGISLATIVE COUNSEL'S DIGEST

SB 763, Hurtado.
 Conspiracy against trade: punishment.

Existing law, known as the Cartwright Act, generally regulates trusts, which the act defines as a combination of capital, skill, or acts by 2 or more persons for certain purposes, including to create or carry out restrictions in trade or commerce. If a violator of the act is a corporation, the act punishes the violator by a fine of the greater of an amount not more than $1,000,000 and an amount related to the pecuniary gain from the violation or the pecuniary loss to another by the violation, as prescribed. If a violator of the act is an individual, the act punishes the violator by imprisonment of one, 2, or 3 years in a state prison or county jail, as specified, imprisonment of not more than one year in a county jail, by a fine of not more than the greater of $250,000 and an amount related to the pecuniary gain from the violation or the pecuniary loss to another by the violation, or
 by both a fine and imprisonment.

This bill would increase the fine described above with respect to corporate violators to $6,000,000. The bill would also increase the fine described above with respect to an individual violator to $1,000,000. The bill would impose an additional civil penalty of $1,000,000 on a person, corporation, or business entity for violating the act, as prescribed. The bill would also make a technical change.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 NO 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 16755 of the Business and Professions Code is amended to read:

16755.

 (a) Any violation of this chapter is a conspiracy against trade, and any person who engages in any such conspiracy or takes part therein, or aids or advises in its commission, or who as principal, manager, director, agent, servant or employee, or in any other capacity, knowingly carries out any of the stipulations, purposes, prices, rates, or furnishes any information to assist in carrying out those purposes, or orders thereunder or in pursuance thereof, is punishable, as follows:

(1) If the violator is a corporation, by a fine of not more than
 six million dollars ($6,000,000) or the applicable amount under paragraph (3), whichever is greater.

(2) If the violator is an individual, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for one, two, or three years, by imprisonment for not more than one year in a county jail, by a fine of not more than the greater of one million dollars ($1,000,000) and a fine of the applicable amount under paragraph (3), or by both a fine and imprisonment.

(3) If any
 person derives pecuniary gain from a violation of this chapter, or the violation results in pecuniary loss to a person other than the violator, the violator may be fined not more than an amount equal to the amount of the gross gain multiplied by two or an amount equal to the amount of the gross loss multiplied by two, whichever is applicable.

(b) Any action pursuant to this section may be commenced at any time within four years after the commission of the last act comprising a part of any violation. No cause of action barred under existing law on the effective date of the amendment of this section at the 1977–78 Regular Session of the Legislature shall be revived by that amendment.

(c) All moneys received by any court in payment of any fine or civil penalty imposed
 pursuant to this section shall, as soon as practicable after receipt thereof, be deposited with the county treasurer of the county in which the court is situated. Amounts so deposited shall be paid as soon as practicable as follows: 100 percent to the Treasurer by warrant of the cou