reglab/housing_qa huggingface dataset:
NM Stat § 57-1-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 1 - Restraints of Trade|Section 57-1-4 - Organizations exempted.

The labor of a human being is not a commodity or article of commerce. No law against monopolies or combinations in restraint of trade shall be held or construed to forbid the existence and operation of natural gas marketing, labor, agricultural or horticultural organizations instituted for purposes of mutual help and not having capital stock or conducted for profit to the organization or to forbid or restrain individual members of such organizations from lawfully carrying out the objects thereof; nor shall such organizations or the members thereof be held or construed to be illegal combinations or conspiracies in restraint of trade under any law against monopolies or combinations in restraint of trade. No natural gas marketing organization exempted herein shall be organized in such a manner so as to control more than ten percent of the natural gas market. Nothing in this section shall be held or construed to justify any restraint of trade or restriction of competition except such as is incident to the protection and promotion of the interests of the members of such organizations, in view of their situation and circumstances, but such organizations and their objects and the effectuation thereof shall prima facie be presumed to be in reasonable restraint of trade or restriction of competition. History: Laws 1923, ch. 37, § 1; C.S. 1929, § 35-2904; 1941 Comp., § 51-1104; 1953 Comp., § 49-1-4; 1987, ch. 243, § 1. ANNOTATIONSThe 1987 amendment, effective June 19, 1987, inserted "natural gas marketing" preceding "labor" in the second sentence, added the third sentence, and made minor stylistic changes throughout the section. Monopoly is not purpose of cooperative marketing associations. Elephant Butte Alfalfa Ass'n v. Rouault, 1926-NMSC-009, 33 N.M. 136, 262 P. 185. Cooperative marketing associations may enforce exclusive sales contracts. — A cooperative marketing association without capital stock, and operated for a mutually beneficial purpose, may enforce performance of a grower's contract to sell his alfalfa to it exclusively. Elephant Butte Alfalfa Ass'n v. Rouault, 1926-NMSC-009, 33 N.M. 136, 262 P. 185. Law reviews. — For article, "New Mexico Restraint of Trade Statutes - A Legislative Proposal," see 9 N.M.L. Rev. 1 (1978-79). For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979). Am. Jur. 2d, A.L.R. and C.J.S. references. — Refusal of labor union to work on materials produced or transported by nonunion labor, 52 A.L.R. 1147, 54 A.L.R. 806. 58 C.J.S. Monopolies §§ 145 to 149, 167 to 169.
NM Stat § 57-1-6 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 1 - Restraints of Trade|Section 57-1-6 - Criminal penalty.

A. Any person who violates Section 57-1-1 or 57-1-2 NMSA 1978 shall be guilty of a fourth-degree felony and, for conviction thereof, if a person other than an individual, it shall be punished by a fine not to exceed two hundred fifty thousand dollars ($250,000), or, if an individual, imprisonment in the penitentiary for a determinate term of not less than one year nor more than five years, or by the payment of a fine not to exceed fifty thousand dollars ($50,000), or both such imprisonment and fine in the discretion of the court. An indictment must be found or information or complaint must be filed within three years from the time of the violation. B. No criminal action may be brought against any person for the same violation for which such person has been convicted in a criminal proceeding for violation of the federal antitrust laws. C. For the purposes of this section, "individual" means a person other than a corporation, business trust, partnership, association or other governmental or legal entity. History: 1978 Comp., § 57-1-6, enacted by Laws 1979, ch. 374, § 7. ANNOTATIONSRecompilations. — Laws 1979, ch. 374, § 18, recompiled former 57-1-6 NMSA 1978, relating to penalties, as 57-1-19 NMSA 1978. Law reviews. — For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
NM Stat § 57-1-7 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 1 - Restraints of Trade|Section 57-1-7 - Civil penalty.

A. The attorney general may bring an action for civil penalties in the name of the state against any person for violation of Section 57-1-1 or 57-1-2 NMSA 1978. Any individual who violates Section 57-1-1 or 57-1-2 NMSA 1978 shall be subject to a civil penalty of not more than fifty thousand dollars ($50,000), or, if a person other than an individual, not to exceed two hundred fifty thousand dollars ($250,000). B. Any person who fails to comply with a final judgement or decree of a court of this state issued for a violation of the Antitrust Act shall be subject to a civil penalty; if an individual, the penalty shall be not more than fifty thousand dollars ($50,000), or, if a person other than an individual, the penalty shall be not more than two hundred fifty thousand dollars ($250,000). C. No action for a civil penalty may be brought against any person for the same violation for which such person has been convicted in a criminal proceeding for violation of the federal antitrust laws. D. For the purposes of Subsections A and B of this section, "individual" means a person other than a corporation, business trust, partnership, association or other governmental or legal entity. History: 1978 Comp., § 57-1-7, enacted by Laws 1979, ch. 374, § 8. ANNOTATIONSLaw reviews. — For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
NM Stat § 57-1-8 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 1 - Restraints of Trade|Section 57-1-8 - Attorney general; injunctive relief.

The attorney general may bring an action in the name of the state against any person to enjoin, restrain and prevent the doing in this state of any act declared unlawful under Section 57-1-1 or 57-1-2 NMSA 1978. History: 1978 Comp., § 57-1-8, enacted by Laws 1979, ch. 374, § 9.
NM Stat § 57-1-9 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 1 - Restraints of Trade|Section 57-1-9 - Election of remedies.

The obtaining of a judgement under the Antitrust Act to assess a civil penalty against a person shall be an election of remedies to not bring a criminal prosecution against such person under the Antitrust Act. The institution of a criminal prosecution under that act against a person by filing an information or complaint or returning an indictment shall be an election of remedies not to bring suit to assess a civil penalty against such person under that act. History: 1978 Comp., § 57-1-9, enacted by Laws 1979, ch. 374, § 10. ANNOTATIONSLaw reviews. — For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
NM Stat § 57-1-10 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 1 - Restraints of Trade|Section 57-1-10 - District attorneys; enforcement.

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 conferred upon the attorney general by this act [57-1-1 to 57-1-3, 57-1-5 to 57-1-19 NMSA 1978]. History: 1978 Comp., § 57-1-10, enacted by Laws 1979, ch. 374, § 11. ANNOTATIONSLaw reviews. — For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
NM Stat § 57-1-11 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 1 - Restraints of Trade|Section 57-1-11 - Judgment in favor of state as prima facie evidence.

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 matters with respect to which the judgment or decree would be an estoppel between the parties thereto. This section does not affect the application of collateral estoppel or issue preclusion. B. For the purposes of Subsection A of this section, "final judgment" or "decree" shall not include a consent judgment or decree entered before any testimony has been taken at trial in a civil proceeding or a judgment based upon a plea of nolo contendere in a criminal proceeding. History: 1978 Comp., § 57-1-11, enacted by Laws 1979, ch. 374, § 12. ANNOTATIONSLaw reviews. — For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
NM Stat § 57-1-12 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 1 - Restraints of Trade|Section 57-1-12 - Limitations of actions.

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 the cause of action, whichever is later. B. An action brought under the provisions of Section 57-1-3 NMSA 1978 to recover damages 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 the cause of action, whichever is later. Provided, however, that a cause of action is not barred if it is commenced within one year after the conclusion of a timely action brought by the state under the provisions of Section 57-1-6, 57-1-7 or 57-1-8 NMSA 1978, based in whole or in part on any matter complained of in the action for damages, whichever is later. C. For the purposes of this section, a cause of action for a continuing violation is deemed to accrue at any time during the period of the violation. History: 1978 Comp., § 57-1-12, enacted by Laws 1979, ch. 374, § 13. ANNOTATIONSLaw reviews. — For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979). Am. Jur. 2d, A.L.R. and C.J.S. references. — Time when cause of action accrues for civil action under state antitrust, monopoly, or restraint of trade statutes, 90 A.L.R.4th 1102.
NM Stat § 57-1-13 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 1 - Restraints of Trade|Section 57-1-13 - Actions involving interstate or foreign commerce.

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.
NM Stat § 57-1-14 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 1 - Restraints of Trade|Section 57-1-14 - Remedies cumulative.

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. ANNOTATIONSLaw reviews. — For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
NM Stat § 57-1-15 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 1 - Restraints of Trade|Section 57-1-15 - Construction.

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. 374, § 16. ANNOTATIONSCompliance with federal substantive law as it relates to oligopolies. — To ensure uniform application of federal and state laws in antitrust actions under the Antitrust Act, 57-1-1 to 57-1-15 NMSA 1978, involving oligopolies, such as the tobacco industry, which are by nature interdependent such that it is likely that when one company acts in a certain manner, the other firms will determine whether it is in their best interest to follow the leader's action, plaintiffs must meet the standard of federal substantive law, which requires that to show that there was an unlawful agreement, plaintiffs must present evidence that tends to exclude the possibility that defendants acted independently or plaintiffs cannot meet their burden of establishing a genuine issue of material fact to withstand summary judgment for defendants. Romero v. Philip Morris, Inc., 2010-NMSC-035, 148 N.M. 713, 242 P.3d 280, rev'g, 2009-NMCA-022, 145 N.M. 658, 203 P.3d 873. New Mexico looks to federal decisions to determine meaning of "restraint of trade". State v. Ray Bell Oil Co., 1983-NMCA-068, 101 N.M. 368, 683 P.2d 50, cert. denied, 101 N.M. 362, 683 P.2d 44, appeal dismissed, 469 U.S. 1030, 105 S. Ct. 498, 83 L. Ed. 2d 391 (1984). Determining allegations of antitrust arrangements. — In the absence of New Mexico decisions directly on point, New Mexico courts look to federal cases involving allegations of antitrust arrangements under § 1 of the Sherman Act (15 U.S.C. § 1). Smith Mach. Corp. v. Hesston, Inc., 1985-NMSC-004, 102 N.M. 245, 694 P.2d 501. Law reviews. — For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
NM Stat § 57-1-16 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 1 - Restraints of Trade|Section 57-1-16 - [Lawful activities.]

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 statutorily granted the authority to supervise such actions when the agency or regulatory body does not have any proprietary interest in the actions. History: 1978 Comp., § 57-1-16, enacted by Laws 1987, ch. 37, § 3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Repeals and reenactments. — Laws 1987, ch. 37, § 3, effective June 19, 1987, repeals 57-1-16 NMSA 1978, as enacted by Laws 1979, ch. 374, § 17, and enacts the present section, effective June 19, 1987. For provisions of the former section, see 1985 Cumulative Supplement. Because collect call telephone rates are under the primary jurisdiction of the New Mexico public regulation commission, a regulatory agency, the rates are expressly permitted under the statute and, therefore, are not subject to claims under the New Mexico Unfair Practices Act, 57-12-1 NMSA 1978 et seq., and New Mexico Antitrust Act, Chapter 57, Article 1 NMSA 1978. Valdez v. State, 2002-NMSC-028, 132 N.M. 667, 54 P.3d 71. Law reviews. — For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
NM Stat § 57-1-17 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 1 - Restraints of Trade|Section 57-1-17 - Limitation on recovery of damages.

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 employee thereof acting in an official capacity, costs and reasonable attorneys' fees may be granted to the prevailing party; and (2) no damages or interest on damages may be recovered under the Antitrust Act in any claim against a person based on any official action directed by a local government or official or employee thereof acting in an official capacity; provided, however, that in an action for permanent injunction brought against a person based on any official action directed by a local government or official or employee thereof acting in an official capacity, costs and reasonable attorneys' fees may be granted to the prevailing party. B. As used in this section: (1) "local government" means: (a) a city, county or any other general function governmental unit established by state law; or (b) a school district, sanitary district or any other special function governmental unit established by state law; and (2) "person" has the meaning given it in Section 57-1-1.2 NMSA 1978 but does not include any local government as defined in Paragraph (1) of this subsection. History: 1978 Comp., § 57-1-17, enacted by Laws 1987, ch. 37, § 4. ANNOTATIONSAntitrust Act. — See 57-1-1.1 NMSA 1978 and notes thereto. Immunity from liability for antitrust damages. — An association that is organized under the Sanitary Projects Act, 3-29-1 NMSA 1978, is a special function governmental unit, established by state law, and is immune from damages for liability under the New Mexico Antitrust Act, 57-1-1 NMSA 1978. Moongate Water Co., Inc. v. Dona Ana Mut. Domestic Water Consumers Assn., 2008-NMCA-143, 145 N.M. 140, 194 P.3d 755.
NM Stat § 57-1-18 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 1 - Restraints of Trade|Section 57-1-18 - Limitation of retail purchases unlawful.

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 given price to refuse to sell to any prospective retail purchaser for cash the whole or any part of his stock of such item at such price. However, this section shall not be applicable to a purchaser purchasing for resale. History: 1953 Comp., § 49-1-5, enacted by Laws 1955, ch. 250, § 1; 1957, ch. 30, § 1; 1961, ch. 52, § 1; 1978 Comp., § 57-1-5, recompiled as 1978 Comp., § 57-1-18 by Laws 1979, ch. 374, § 18; 1995, ch. 18, § 1. ANNOTATIONSThe 1995 amendment, effective June 16, 1995, inserted "retail" in the section heading and in the first and second sentences, added the final sentence, and made stylistic changes. Advertising different prices for small and unlimited quantities not violative. — Where the advertised price was one or two items at one price and additional items at a higher price and where the informations charged neither a limitation upon the number of items which any purchaser might buy at the advertised price nor a refusal to sell to any prospective purchaser the whole or any part of such items of merchandise at the advertised price, the information in each case failed to charge an offense within the meaning of the words used in this section and orders quashing the informations would be properly entered. State v. Shop Rite Foods, Inc., 1964-NMSC-048, 74 N.M. 55, 390 P.2d 437. Law reviews. — For article, "Approaching Statutory Interpretation in New Mexico," see 8 Nat. Resources J. 689 (1968). Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 C.J.S. Monopolies §§ 62 to 69, 73, 84.
NM Stat § 57-1-19 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 1 - Restraints of Trade|Section 57-1-19 - [Violation of act; penalty.]

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 Comp., § 57-1-6, recompiled as 1978 Comp., § 57-1-19 by Laws 1979, ch. 374, § 18. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Law reviews. — For article, "Approaching Statutory Interpretation in New Mexico," see 8 Nat. Resources J. 689 (1968). Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 C.J.S. Monopolies § 113.
NM Stat § 57-2-1 to 57-2-13 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2 - Cigarettes|Section 57-2-1 to 57-2-13 - Repealed.

ANNOTATIONSRepeals. — Laws 1983, ch. 211, § 42, repealed 57-2-1 to 57-2-13 NMSA 1978, the Cigarette Fair Trade Practices Act, effective July 1, 1983.
NM Stat § 57-2-14 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2 - Cigarettes|Section 57-2-14 - Clove cigarettes; prohibit.

No person shall knowingly sell or offer for sale in New Mexico any clove cigarettes. History: Laws 1985, ch. 136, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Civil liability for tobacco sales to minors, 55 A.L.R.4th 1238.
NM Stat § 57-2-15 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2 - Cigarettes|Section 57-2-15 - Penalty.

Any person who violates the provisions of Section 1 [57-2-14 NMSA 1978] of this act is guilty of a petty misdemeanor. History: Laws 1985, ch. 136, § 2. ANNOTATIONSCross references. — For sentencing for misdemeanors, see 31-19-1 NMSA 1978.
NM Stat § 57-2A-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2A - Cigarette Enforcement|Section 57-2A-1 - Short title.

This act [57-2A-1 to 57-2A-10 NMSA 1978] may be cited as the "Cigarette Enforcement Act". History: Laws 2000, ch. 77, § 1. ANNOTATIONSEffective dates. — Laws 2000, ch. 77, § 11 made the Cigarette Enforcement Act effective July 1, 2000. Law reviews. — For article, "Public Health Protection and the Commerce Clause: Controlling Tobacco in the Internet Age", see 35 N.M.L. Rev. 81 (2005).
NM Stat § 57-2A-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2A - Cigarette Enforcement|Section 57-2A-2 - Definitions.

As used in the Cigarette Enforcement Act: A. "cigarette" means any roll of tobacco or any substitute therefor wrapped in paper or any substance other than tobacco; B. "department" means the taxation and revenue department, the secretary of taxation and revenue or any employee of the department exercising authority lawfully delegated to that employee by the secretary; C. "importer" means "importer" as that term is defined in 26 USCA 5702(1); D. "package" means "package" as that term is defined in 15 USCA 1332(4); and E. "secretary" means the secretary of taxation and revenue. History: Laws 2000, ch. 77, § 2. ANNOTATIONSEffective dates. — Laws 2000, ch. 77, § 11 made the Cigarette Enforcement Act effective July 1, 2000.