Antitrust Act
New Mexico · Trade Practices and Regulations · §§ 57-1-1 to 57-1-9 · 21 sections
Overview
This act is a state antitrust law that prohibits restraints of trade and commerce, monopolization and attempts to monopolize, conduct whose purpose or effect is to restrain trade or substantially lessen competition, and price discrimination in commercial transactions, subject to stated exceptions and limits on its application. Enforcement runs through both public and private channels: the attorney general may investigate suspected violations by subpoena and written interrogatory and bring actions in the state's own name, as parens patriae, or in federal court on behalf of state and local government, while private parties injured in their business or property may sue for treble damages. Available remedies and mechanisms include injunctive relief, civil penalties, forfeiture of a franchise, entity liability for the acts of its agents, attachment, and defined limitation periods governing when a cause of action accrues.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 44 court decisions.
Most-cited authority: 391 F.3d 516 - Warfarin Sodium Antitrust Litigation 02-3603 02-3755 02-3757 02-3758
Sections covered
- § 57-1-1 NMSA 1978Contracts, agreements, combinations or conspiracies in restraint of trade15 cites
- § 57-1-10 NMSA 1978District attorneys; enforcement
- § 57-1-11 NMSA 1978Judgment in favor of state as prima facie evidence
- § 57-1-1.1 NMSA 1978Short title
- § 57-1-12 NMSA 1978Limitations of actions
- § 57-1-1.2 NMSA 1978Definition2 cites
- § 57-1-13 NMSA 1978Actions involving interstate or foreign commerce
- § 57-1-14 NMSA 1978Remedies cumulative
- § 57-1-15 NMSA 1978Construction7 cites
- § 57-1-16 NMSA 1978[Lawful activities.]1 cite
- § 57-1-17 NMSA 1978Limitation on recovery of damages
- § 57-1-18 NMSA 1978Limitation of retail purchases unlawful
- § 57-1-19 NMSA 1978[Violation of act; penalty.]
- § 57-1-2 NMSA 1978Monopolies3 cites
- § 57-1-3 NMSA 1978Contracts for restraint of trade or monopoly void; civil liability of participants; injunctive relief; purchasers relieved from payment14 cites
- § 57-1-4 NMSA 1978Organizations exempted
- § 57-1-5 NMSA 1978Attorney general; investigation1 cite
- § 57-1-6 NMSA 1978Criminal penalty
- § 57-1-7 NMSA 1978Civil penalty
- § 57-1-8 NMSA 1978Attorney general; injunctive relief1 cite
- § 57-1-9 NMSA 1978Election of remedies
Enacted in other states
Connecticut, Delaware, Florida, Illinois, Maryland, New Jersey, Rhode Island, Virginia, West Virginia
All New Mexico named statutes →
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