Every contract, agreement, combination or conspiracy in restraint of trade or commerce, any part of which trade or commerce is within this state, is unlawful. History: Laws 1891, ch. 10, § 1; C.L. 1897, § 1292; Code 1915, § 1685; C.S. 1929, § 35-2901; 1941 Comp., § 51-1101; 1953 Comp., § 49-1-1; Laws 1979, ch. […]
In order to promote the uniform administration of the Antitrust Act in New Mexico, the attorney general is to be responsible for its enforcement, but he may, on a case-by-case basis, delegate this authority to the district attorneys of the state and when this is done, the district attorneys shall have every power and duty […]
A. A final judgment or decree in a civil or criminal proceeding determining that a person has violated Section 57-1-1 or 57-1-2 NMSA 1978 in an action brought by the state is prima facie evidence against such person in any other action against him under the provisions of Section 57-1-3 NMSA 1978 as to all […]
A. An action brought under the provisions of Section 57-1-7 or 57-1-8 NMSA 1978 is barred if it is not commenced within four years after the cause of action accrues or within four years after the plaintiff discovered, or by the exercise of reasonable diligence should have discovered, the facts relied upon for proof of […]
No action under the Antitrust Act shall be barred on the ground that the activity or conduct complained of in any manner affects or involves interstate or foreign commerce. History: 1978 Comp., § 57-1-13, enacted by Laws 1979, ch. 374, § 14.
Subject to Section 57-1-9 NMSA 1978, the remedies afforded the state under the Antitrust Act shall be cumulative. History: 1978 Comp., § 57-1-14, enacted by Laws 1979, ch. 374, § 15. ANNOTATIONS Law reviews. — For article, “New Mexico Antitrust Law,” see 9 N.M.L. Rev. 339 (1979).
Unless otherwise provided in the Antitrust Act, the Antitrust Act shall be construed in harmony with judicial interpretations of the federal antitrust laws. This construction shall be made to achieve uniform application of the state and federal laws prohibiting restraints of trade and monopolistic practices. History: 1978 Comp., § 57-1-15, enacted by Laws 1979, ch. […]
Nothing contained in the Antitrust Act is intended to prohibit actions which are: A. clearly and expressly authorized by any state agency or regulatory body acting under a clearly articulated and affirmatively expressed state policy to displace competition with regulation; and B. actively supervised by the state agency or regulatory body which is constitutionally or […]
A. Notwithstanding the provisions of Section 57-1-3 NMSA 1978: (1) no damages or interest on damages may be recovered under the Antitrust Act from any local government or official or employee thereof acting in an official capacity; provided, however, that in an action for a permanent injunction brought against a local government or official or […]
It is unlawful for any merchant to advertise or offer for sale any item of merchandise with a limitation upon the number of the item that any retail purchaser may purchase at the advertised price. It is further unlawful for any merchant offering or advertising any item of merchandise in his place of business at […]
Any person convicted of violating this act [57-1-18, 57-1-19 NMSA 1978] shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment of not more than ninety days, or by both such fine and imprisonment. History: 1953 Comp., § 49-1-6, enacted by Laws 1955, ch. 250, § 2; 1978 […]
