This act [57-14-1 to 57-14-9 NMSA 1978] may be cited as the “Price Discrimination Act”. History: 1953 Comp., § 49-11-1, enacted by Laws 1961, ch. 229, § 1. ANNOTATIONS Cross references. — For restraints of trade generally, see 57-1-1 NMSA 1978 et seq. Act parallels federal act. — The Price Discrimination Act (57-14-1 to 57-14-9) […]
As used in the Price Discrimination Act: A. “person” means an individual, partnership, association, corporation, joint-stock company or business trust; B. “price” means the net price to the buyer after deduction of all discounts, rebates or other price concessions paid or allowed by the seller; C. “commerce” means trade within this state; and D. “commodity” […]
A. It is unlawful for any person engaged in commerce, either directly or indirectly, intentionally, for the purpose of destroying competition or eliminating a competitor, to: (1) discriminate in price between different purchasers of commodities of like grade and quality; or (2) discriminate in price between different sections, communities or cities in this state where […]
It is a defense to any action under this act [57-14-1 to 57-14-9 NMSA 1978] to show that the seller’s lower price, payment or furnishing of services or facilities to any purchaser, was made in good faith to meet equally low prices of a competitor or the services or facilities furnished by a competitor. History: […]
It is unlawful for any person engaged in commerce to pay, grant, receive or accept anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares or merchandise. It is unlawful for either party […]
It is unlawful for any person engaged in commerce: A. to pay or contract for payment of anything of value to or for the benefit of a customer as compensation for any services or facilities furnished by or through the customer in connection with the processing, handling, sale or offering for sale of any products […]
Nothing in the Price Discrimination Act prevents a cooperative association from returning to its members, producers or consumers the whole or any part of the net earnings or surplus resulting from its trading operations, in proportion to their purchases or sales from, to or through the cooperative. History: 1953 Comp., § 49-11-7, enacted by Laws […]
A. Any person injured by any violation, or who will be injured from any threatened violation of the Price Discrimination Act may maintain an action in the district court to enjoin the violation or threatened violation. If a violation or threatened violation is established, the court shall enjoin it and the plaintiff may recover threefold, […]
Any express or implied contract made by any person in violation of the Price Discrimination Act is an illegal contract and no action for enforcement shall be maintained in any court in this state. History: 1953 Comp., § 49-11-9, enacted by Laws 1961, ch. 229, § 9. ANNOTATIONS Law reviews. — For article, “New Mexico […]
