356:1 Definitions. – As used in this chapter the following terms shall have the following meaning: I. "Commodity" shall include tangible or intangible property, real, personal, or mixed. II. "Government entity" shall include the state of New Hampshire and its political subdivisions. III. "Person" shall include, where applicable, natural persons, trusts, government entities, corporations, […]
356:10 Official Investigation. – I. The attorney general shall have the power to examine witnesses and documents for the purpose of enforcing the provisions of this chapter. II. If the attorney general believes a person under investigation for violation of the provisions of this chapter may have information or be in possession, custody or […]
356:11 Private Enforcement. – I. Any person threatened with injury or damage to his business or property by reason of a violation of this chapter may institute an action or proceeding for injunctive relief when and under the same conditions and principles as injunctive relief is granted in other cases. II. Any person injured […]
356:12 Limitation of Actions. – I. A civil action commenced pursuant to RSA 356:4-a to recover a civil penalty is barred if not commenced within 4 years after the cause of action accrues. II. An action commenced pursuant to RSA 356:4-c and RSA 356:11 to recover damages is barred if it is not commenced […]
356:13 Definition. – For the purposes of this chapter, "person" shall mean an individual, corporation, trust, estate, partnership, association, or any other legal entity. Source. 1973, 434:2, eff. Aug. 29, 1973.
356:14 Interpretation of Statute. – In any action or prosecution under this chapter, the courts may be guided by interpretations of the United States’ antitrust laws. Source. 1973, 434:2, eff. Aug. 29, 1973.
356:2 Restraints Prohibited. – I. Every contract, combination, or conspiracy in restraint of trade is unlawful. II. Every contract, combination, or conspiracy is unlawful which has the purpose or the effect of: (a) Fixing, controlling or maintaining prices, rates, quotations or fees in any part of trade or commerce; or (b) Fixing, controlling, maintaining, […]
356:3 Monopolies Prohibited. – The establishment, maintenance or use of monopoly power, or any attempt to establish, maintain or use monopoly power over trade or commerce for the purpose of affecting competition or controlling, fixing or maintaining prices is unlawful. Source. 1917, 177:3. PL 168:3. RL 202:3. RSA 356:3. 1979, 385:3, eff. Aug. 22, […]
356:4 Penalties. – A person who knowingly and willfully engages in conduct prohibited by this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. When the offense consists of a combination to control the price or supply, or to prevent competition in the […]
356:4-a Civil Remedies and Enforcement. – Notwithstanding the provisions of RSA 356:4: I. The attorney general may bring an action in the name of the state for injunctive relief and civil penalties for violations of any provision of this chapter. The action may be brought in the superior court of the county in which […]
356:4-b State Remedies. – In any action brought pursuant to RSA 356:4-a the superior court may assess, for the benefit of the state, a civil penalty of not more than $25,000 for each violation of any provision of this chapter. The superior court may also grant mandatory injunctions reasonably necessary to eliminate restrictions in […]
356:4-c Actual Damages. – The state, a political subdivision thereof, or any public agency injured in its business or property by reason of a violation of this chapter may recover the actual damages sustained and the costs of the suit including reasonable attorney’s fees. The state, political subdivision, or public agency shall recover regardless […]
356:4-d Election of Remedies. – I. Institution of an action under RSA 356:4-a to assess a civil penalty against a person shall preclude the institution of criminal proceedings under RSA 356:4 against that person for the conduct alleged in the civil action. II. Institution of criminal prosecution against a person under RSA 356:4 shall […]
356:4-e Prima Facie Evidence. – I. A final judgment or decree rendered in any civil or criminal proceeding under this chapter brought by the state, to the effect that a defendant has violated RSA 356:2 or 3 shall be prima facie evidence against such defendant in any action or proceeding brought by any other […]
356:5 Procedure. – A complaint or indictment under this chapter shall proceed to judgment according to the regular course of criminal proceedings. It shall be otherwise disposed of only upon motion in writing stating specifically the reasons therefor and verified by affidavit if facts are relied on. If the court or magistrate certifies in […]
356:6 Testimonial Privilege. – No person called as a witness to testify at any proceedings under this chapter shall be excused from testifying, or from producing any books, papers or documents which are material, on the ground that his testimony will tend to incriminate him; but no person shall be prosecuted or subjected to […]
356:7 Exemption of Labor Organizations, Etc. – Nothing contained in this chapter shall forbid the existence and operation of labor, agricultural or horticultural organizations, instituted for the purposes of mutual help and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out […]
356:8 Exemption of Agricultural Producers. – An organization enumerated in RSA 356:7, or the members thereof, if they have a capital stock, shall be exempt from this chapter, if they are operating in conformity with chapter 57 of the Laws of the Second Session of the Sixty-seventh Congress, entitled, "An Act to authorize association […]
356:8-a Exemption for Authorized Activity. – Activities of and arrangements between persons shall be exempt from this chapter if such are permitted, authorized, approved, required, or regulated by a regulatory body acting under a federal or state statutory scheme or otherwise actively supervised by a regulatory agency. Source. 1979, 385:9. 1999, 289:10, eff. July […]
356:9 Enforcement. – This chapter shall be enforced by the department of justice. Source. 1919 Sp., 2:2. PL 168:9. RL 202:9. RSA 356:9. 1979, 385:10. 1985, 300:7, I(a).
