reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-805 - Restraint of trade; underselling; penalty.

59-805.
Restraint of trade; underselling; penalty.
Every person, corporation, joint-stock company, limited liability company, or other association engaged in business within this state which enters into any contract, combination, or conspiracy or which gives any direction or authority to do any act for the purpose of driving out of business any other person engaged therein or which for such purpose in the course of such business sells any article or product at less than its fair market value or at a less price than it is accustomed to demand or receive therefor in any other place under like conditions or which sells any article upon a condition, contract, or understanding that it shall not be sold again by the purchaser or restrains such sale by the purchaser shall be deemed guilty of a Class IV felony.
Source
Laws 1905, c. 162, § 6, p. 638;
R.S.1913, § 4050;
C.S.1922, § 3453;
C.S.1929, § 59-806;
R.S.1943, § 59-805;
Laws 1977, LB 39, § 65;
Laws 1983, LB 32, § 3;
Laws 1993, LB 121, § 360.
Annotations
In order for a plaintiff to successfully bring a claim that a defendant drove it out of business under this section, the plaintiff must show that the defendant is a person, corporation, joint-stock company, limited liability company, or other association which is engaged in business within Nebraska and that the defendant gave any direction or authority to do any act with the intent and for the purpose of driving the plaintiff out of business. Credit Bureau Servs. v. Experian Info. Solutions, 285 Neb. 526, 828 N.W.2d 147 (2013).
Claim that contract for construction of educational television system was in violation of this section raised but not decided. Hamilton County Tel. Co. v. Northwestern Bell Tel. Co., 180 Neb. 1, 140 N.W.2d 834 (1966).
Contract not to resell automobile without first offering it to vendor did not violate this section. Stanford Motor Co. v. Westman, 151 Neb. 850, 39 N.W.2d 841 (1949).
This section gives a cause of action to party injured in his business or property by any contract, combination or conspiracy, or direction given to do an act, for the purpose of driving party out of business. O. G. Pierce Co. v. Century Indemnity Co., 136 Neb. 78, 285 N.W. 91 (1939).
One attempting to monopolize electricity business in state by underselling competitors at less than fair market value violates public policy. State ex rel. Spillman v. Interstate Power Co., 118 Neb. 756, 226 N.W. 427 (1929).
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-806 - Holding companies; when unlawful.

59-806.
Holding companies; when unlawful.
No corporation, joint-stock company, limited liability company, or other association shall engage in business within this state, a majority of whose stock is owned by or controlled or held in trust for any manufacturing or other corporation, which, in the course of its manufacture or production, conducts its business, or any part thereof, in a manner which would be prohibited by sections 59-801 to 59-831 if it were so conducted in the course of such business within this state.
Source
Laws 1905, c. 162, § 7, p. 639;
R.S.1913, § 4051;
C.S.1922, § 3454;
C.S.1929, § 59-807;
R.S.1943, § 59-806;
Laws 1993, LB 121, § 361;
Laws 2002, LB 1278, § 1.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-807 - Books of record and papers; inspection by Attorney General.

59-807.
Books of record and papers; inspection by Attorney General.
All the books of record and papers of every such corporation, joint-stock company, limited liability company, or other association engaged in business within this state shall be subject to inspection by the Attorney General of this state or by any agent he or she may designate for that purpose, and such corporation, joint-stock company, limited liability company, or other association shall, at such times as he or she shall prescribe, make such further returns, verified as aforesaid as shall be by him or her prescribed, either by general regulations or by special direction.
Source
Laws 1905, c. 162, § 8, p. 639;
R.S.1913, § 4052;
C.S.1922, § 3455;
C.S.1929, § 59-808;
R.S.1943, § 59-807;
Laws 1993, LB 121, § 362.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-808 - Prohibited acts.

59-808.
Prohibited acts.
Any president, director, treasurer, officer, corporator, partner, member, associate, or agent of such corporation, joint-stock company, limited liability company, or other association who does in its behalf anything prohibited by sections 59-801 to 59-831 or who supports, votes for, aids and abets, or takes part in doing such action by the corporation, joint-stock company, limited liability company, or other association, or any instrumentality thereof, shall be liable to the penalties by law provided.
Source
Laws 1905, c. 162, § 9, p. 639;
R.S.1913, § 4053;
C.S.1922, § 3456;
C.S.1929, § 59-809;
R.S.1943, § 59-808;
Laws 1993, LB 121, § 363;
Laws 2002, LB 1278, § 2.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-809 - Violation; ouster.

59-809.
Violation; ouster.
No corporation, joint-stock company, limited liability company, or other association which manufactures or produces any article for sale or transportation within this state and which does any of the acts or things prohibited to be done by sections 59-801 to 59-831 shall engage in business within this state.
Source
Laws 1905, c. 162, § 10, p. 640;
R.S.1913, § 4054;
C.S.1922, § 3457;
C.S.1929, § 59-810;
R.S.1943, § 59-809;
Laws 1993, LB 121, § 364;
Laws 2002, LB 1278, § 3.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-810 - Second or subsequent violations; ouster; injunction.

59-810.
Second or subsequent violations; ouster; injunction.
Any corporation, joint-stock company, limited liability company, or other association which has been once adjudged to have violated the provisions of sections 59-801 to 59-831 by the final judgment of any court having jurisdiction of the question in any civil suit or proceeding in which such corporation, joint-stock company, limited liability company, or other association was a party, which thereafter violates any of such sections or which fails to make the returns herein required at the times specified shall no longer be allowed to engage in business within this state. Such prohibition shall only be enforced after such corporation, joint-stock company, limited liability company, or other association has been enjoined against further engaging in such business on an information or suit brought in a court of competent jurisdiction by the Attorney General in behalf of this state.
Source
Laws 1905, c. 162, § 11, p. 640;
R.S.1913, § 4055;
C.S.1922, § 3458;
C.S.1929, § 59-811;
R.S.1943, § 59-810;
Laws 1993, LB 121, § 365;
Laws 2002, LB 1278, § 4.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-811 - Second or subsequent violations; duty of Attorney General.

59-811.
Second or subsequent violations; duty of Attorney General.
It shall be the duty of the Attorney General in such case, unless he or she is satisfied that such corporation, joint-stock company, limited liability company, or other association has desisted and abstained and will in the future desist and abstain from such violation, to enforce the provision by proceeding, either by information or by indictment, as he or she may in his or her discretion think best.
Source
Laws 1905, c. 162, § 11, p. 640;
R.S.1913, § 4055;
C.S.1922, § 3458;
C.S.1929, § 59-811;
R.S.1943, § 59-811;
Laws 1993, LB 121, § 366.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-812 - Violators; actions against; joinder of parties.

59-812.
Violators; actions against; joinder of parties.
Any corporation, joint-stock company, limited liability company, or other association which is charged with violating sections 59-801 to 59-831 and any president, director, treasurer, officer, limited liability company member, or agent thereof may be joined as a party in any proceeding, civil or criminal, to enforce such sections.
Source
Laws 1905, c. 162, § 11, p. 640;
R.S.1913, § 4055;
C.S.1922, § 3458;
C.S.1929, § 59-811;
R.S.1943, § 59-812;
Laws 1993, LB 121, § 367;
Laws 1994, LB 884, § 75;
Laws 2002, LB 1278, § 5.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-813 - Violators; ouster; injunctions; business affected with a public interest; decree.

59-813.
Violators; ouster; injunctions; business affected with a public interest; decree.
If, in the judgment of the Attorney General, such corporation, joint-stock company, limited liability company, or other association against which any civil proceeding may be instituted is one upon which the public is so depending that the interruption of its business will cause serious public loss or inconvenience, he or she may, in his or her discretion, refrain from proceeding to obtain a decree which will absolutely prevent the continuance of such business and may apply for a limited or conditional decree, or one to take effect at a future day, as the public interest shall seem to require. If, in the judgment of the court before whom such proceeding may be pending, the interruption of the business of the defendant corporation, joint-stock company, limited liability company, or other association will cause such serious public loss or inconvenience, the court may decline to enter an absolute decree enjoining it against proceeding with its business and may enter a modified or conditional decree or a decree to take effect at a future time as justice shall require.
Source
Laws 1905, c. 162, § 11, p. 640;
R.S.1913, § 4055;
C.S.1922, § 3458;
C.S.1929, § 59-811;
R.S.1943, § 59-813;
Laws 1993, LB 121, § 368.
Annotations
Court may enter a modified or conditional decree or a decree to take effect at a future time. State v. American Surety Co., 91 Neb. 22, 135 N.W. 365, Ann. Cas. 1913B 973 (1912).
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-814 - Violators; parties to employment contract; injunction.

59-814.
Violators; parties to employment contract; injunction.
The court may also, in its discretion, enjoin the officers, agents, or servants of such corporation, joint-stock company, or other association or the managers, agents, or servants of such limited liability company from continuing in its service and enjoin any such corporation, joint-stock company, limited liability company, or other association from continuing their employment therein as the case shall seem to require.
Source
Laws 1905, c. 162, § 11, p. 641;
R.S.1913, § 4055;
C.S.1922, § 3458;
C.S.1929, § 59-811;
R.S.1943, § 59-814;
Laws 1993, LB 121, § 369;
Laws 1994, LB 884, § 76.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-815 - Violation; penalty.

59-815.
Violation; penalty.
Any corporation, joint-stock company, limited liability company, or other association, and any president, director, treasurer, officer, corporator, partner, member, associate, or agent thereof who in its behalf engages in such business in violation of sections 59-801 to 59-831 shall for each offense, in addition to such penalty for contempt as the court in case of disobedience to its lawful order may impose, be guilty of a Class IV felony.
Source
Laws 1905, c. 162, § 12, p. 641;
R.S.1913, § 4056;
C.S.1922, § 3459;
C.S.1929, § 59-812;
R.S.1943, § 59-815;
Laws 1977, LB 39, § 66;
Laws 1983, LB 32, § 4;
Laws 1993, LB 121, § 370;
Laws 2002, LB 1278, § 6.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-816 - Violation; company officers; personal liability.

59-816.
Violation; company officers; personal liability.
Every president, treasurer, general manager, agent, or other person usually exercising the powers of such officers of any corporation, joint-stock company, limited liability company, or other association who has himself or herself, in its behalf, violated, united to violate, or voted for or consented to the violation of sections 59-801 to 59-831 shall thereafter be personally liable for all the debts and obligations of any such corporation, joint-stock company, limited liability company, or other association created while such person holds such office or agency, whether under the same or subsequent elections or appointments.
Source
Laws 1905, c. 162, § 13, p. 641;
R.S.1913, § 4057;
C.S.1922, § 3460;
C.S.1929, § 59-813;
R.S.1943, § 59-816;
Laws 1993, LB 121, § 371;
Laws 2002, LB 1278, § 7.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-818 - Seeking or receiving special advantages; transport of article; when unlawful; penalty.

59-818.
Seeking or receiving special advantages; transport of article; when unlawful; penalty.
If any joint-stock company, corporation, limited liability company, or combination or any agent thereof solicits, accepts, or receives any such rebate, concession, or service as is hereinbefore declared to be unlawful, it shall be unlawful thereafter to transport within this state any article owned or controlled by such company, corporation, limited liability company, or combination, or produced or manufactured by it, by whomsoever the same may be owned or controlled. If any such joint-stock company, corporation, limited liability company, or combination offers, grants, or gives any special prices, inducements, or advantages for the sale of articles produced, manufactured, owned, or controlled by it to purchasers in any particular locality in order to restrict or destroy competition in that locality in the sale of such articles, it shall be unlawful thereafter to transport within this state any article owned or controlled by it, or produced or manufactured by it, by whomsoever the same may be owned or controlled. The prohibition imposed under this section shall not apply to any article purchased bona fide before decree made in pursuance thereof against the joint-stock company, corporation, limited liability company, or combination producing, manufacturing, or theretofore owning or controlling the same, and even after decree, any such article may be relieved from the prohibition imposed under this section if the owner thereof shows to the satisfaction of the court having jurisdiction of the matter hereinafter provided that such article was purchased bona fide, without notice, and within thirty days after the entry of such decree. Any transportation company, and any officer, agent, or representative thereof, knowingly concerned in the transportation of articles within this state, contrary to the prohibitions of this section, shall be punished by a fine of not less than five thousand dollars.
Source
Laws 1905, c. 162, § 15, p. 642;
R.S.1913, § 4059;
C.S.1922, § 3462;
C.S.1929, § 59-815;
R.S.1943, § 59-818;
Laws 1993, LB 121, § 372.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-819 - Violations; jurisdiction; powers of courts.

59-819.
Violations; jurisdiction; powers of courts.
The several courts of record of this state having equity jurisdiction are hereby invested with jurisdiction to prevent and restrain all violations of sections 59-801 to 59-831 and especially the offering, granting, giving, soliciting, accepting, or receiving any such rebate, concession, or service by any person or persons and to prevent or restrain any such joint-stock company, corporation, limited liability company, association, or combination which has solicited, accepted, or received any such rebate, concession, or service or which has offered, granted, or given any special prices, inducements, or advantages in order to restrict or destroy competition in particular localities from engaging in commerce within this state. Such proceedings may be by way of complaint setting forth the cause of action and praying that the acts hereby made unlawful shall be enjoined or otherwise prohibited. When the parties complained of are duly notified of such complaint, the court shall proceed as soon as may be to the hearing and determination of the case, and upon such complaint and before final decree the court may at any time make such temporary restraining order or prohibition as shall be deemed just. The court may retain jurisdiction of the case after the decree for the purpose of such subsequent modification of the same as may be made to appear equitable and just in the premises.
Source
Laws 1905, c. 162, § 16, p. 643;
R.S.1913, § 4060;
C.S.1922, § 3463;
C.S.1929, § 59-816;
R.S.1943, § 59-819;
Laws 1993, LB 121, § 373;
Laws 2002, LB 1278, § 8.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-820 - Violations; civil proceedings; subpoena; may issue to any county.

59-820.
Violations; civil proceedings; subpoena; may issue to any county.
Whenever it shall appear to the court before which any civil proceeding under sections 59-801 to 59-831 shall be pending that the ends of justice require that other parties shall be brought before the court, the court may cause them to be summoned whether they reside in the county where the court is held or not, and subpoenas to that end may be served in any county by the sheriff thereof.
Source
Laws 1905, c. 162, § 17, p. 644;
R.S.1913, § 4061;
C.S.1922, § 3464;
C.S.1929, § 59-817;
R.S.1943, § 59-820;
Laws 2002, LB 1278, § 9.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-821.01 - Illegal overcharge or undercharge case.

59-821.01.
Illegal overcharge or undercharge case.
In an illegal overcharge or undercharge case in which claims are asserted by both parties who dealt directly with the defendant and parties who dealt indirectly with the defendant or any combination thereof:
(1) A defendant may prove, as a partial or complete defense to a claim for damages under sections 59-801 to 59-831 and this section, that the illegal overcharge or undercharge has been passed on to others who are themselves entitled to recover so as to avoid duplication of recovery of such damages; and
(2) The court may transfer and consolidate such claims, apportion damages, and delay disbursement of damages to avoid multiplicity of suits and duplication of recovery of damages and to obtain substantial fairness.
Source
Laws 2002, LB 1278, § 11.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-822 - Person, defined.

59-822.
Person, defined.
The words person or persons, as used in sections 59-801 to 59-831, shall be deemed to include all corporations, associations, limited liability companies, combinations, or concerns whatsoever.
Source
Laws 1905, c. 162, § 19, p. 644;
R.S.1913, § 4063;
C.S.1922, § 3466;
C.S.1929, § 59-819;
R.S.1943, § 59-822;
Laws 1993, LB 121, § 374;
Laws 2002, LB 1278, § 12.
Annotations
The word person includes a corporation. O. G. Pierce Co. v. Century Indemnity Co., 136 Neb. 78, 285 N.W. 91 (1939).
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-823 - Violations; actions brought by state; advancement of cause; appeal.

59-823.
Violations; actions brought by state; advancement of cause; appeal.
When any suit in equity is brought in any court under sections 59-801 to 59-831 in which the state is complainant, the Attorney General may file with the clerk of such court a certificate that, in his or her opinion, the case is of general public importance, a copy of which certificate shall be immediately furnished by such clerk to the judge of the court in which the case is pending. Thereupon such case shall be given precedence over others and in every way expedited and be assigned for hearing at the earliest practicable day. An appeal from the final decree of the court shall lie to the Court of Appeals and shall be taken within thirty days after the entry of such decree or final order or within thirty days after entry of the order overruling a motion for a new trial in such case.
Source
Laws 1905, c. 162, § 20, p. 644;
R.S.1913, § 4064;
C.S.1922, § 3467;
C.S.1929, § 59-820;
R.S.1943, § 59-823;
Laws 1961, c. 305, § 2, p. 960;
Laws 1987, LB 33, § 11;
Laws 1991, LB 732, § 120;
Laws 1999, LB 43, § 26;
Laws 2002, LB 1278, § 13.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-824 - Violations; proceedings; evidence; discovery; privilege not allowed.

59-824.
Violations; proceedings; evidence; discovery; privilege not allowed.
In all prosecutions, hearings, and proceedings under sections 59-801 to 59-831, whether civil or criminal, no person shall be excused from attending and testifying or from producing books, papers, contracts, agreements, and documents before the courts of this state, or in obedience to the subpoena of the same, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of such person, may tend to criminate such person or subject such person to a penalty or forfeiture.
Source
Laws 1905, c. 162, § 21, p. 644;
R.S.1913, § 4065;
C.S.1922, § 3468;
C.S.1929, § 59-821;
R.S.1943, § 59-824;
Laws 2002, LB 1278, § 14.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-825 - Violations; proceedings; refusal to attend and testify; penalty.

59-825.
Violations; proceedings; refusal to attend and testify; penalty.
Any person who shall neglect or refuse to make returns, attend and testify or answer any lawful requirement hereinbefore provided for, or produce books, papers, contracts, agreements, and documents, if in his or her custody, control, or power to do so, in obedience to the subpoena of the courts or lawful requirements of the Attorney General, shall be deemed guilty of a Class IV felony.
Source
Laws 1905, c. 162, § 21, p. 645;
R.S.1913, § 4065;
C.S.1922, § 3468;
C.S.1929, § 59-821;
R.S.1943, § 59-825;
Laws 1977, LB 39, § 67;
Laws 1983, LB 32, § 5.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-826 - Violations; proceedings; perjury; penalty.

59-826.
Violations; proceedings; perjury; penalty.
Whoever knowingly swears to a return or report required by sections 59-801 to 59-831 that is false in any material particular, or knowingly swears to an answer to any of the requirements of such sections that is false in any material particular, shall be deemed guilty of perjury and punished as provided by the laws of this state in reference to perjury.
Source
Laws 1905, c. 162, § 21, p. 645;
R.S.1913, § 4065;
C.S.1922, § 3468;
C.S.1929, § 59-821;
R.S.1943, § 59-826;
Laws 2002, LB 1278, § 15.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-827 - Violations; proceedings; subornation of perjury.

59-827.
Violations; proceedings; subornation of perjury.
Whoever shall knowingly prepare, or cause to be prepared, a report, return, or answer required by sections 59-801 to 59-831 that is false, as aforesaid, shall be guilty of subornation of perjury and punished by law.
Source
Laws 1905, c. 162, § 21, p. 645;
R.S.1913, § 4065;
C.S.1922, § 3468;
C.S.1929, § 59-821;
R.S.1943, § 59-827;
Laws 2002, LB 1278, § 16.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-828 - Violations; prosecutions; duty of Attorney General and county attorney; evidence; discovery; immunity; scope and operation; proceeding by individual; costs.

59-828.
Violations; prosecutions; duty of Attorney General and county attorney; evidence; discovery; immunity; scope and operation; proceeding by individual; costs.
(1) It is hereby made the duty of the Attorney General and the county attorney of each county under the direction of the Attorney General to institute and prosecute such proceedings as may be necessary to carry into effect sections 59-801 to 59-831. No person shall be prosecuted or be subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she may testify or produce evidence, documentary or otherwise, in any proceeding, suit, or prosecution under such sections. No person testifying shall be exempt from prosecution or punishment for perjury committed in so testifying.
(2) It shall be lawful for any person to institute proceedings pursuant to sections 59-801 to 59-831, at his or her own expense and by his or her own attorney, but in the action so brought by such person no recovery for costs and disbursements shall be had against the state.
Source
Laws 1905, c. 162, § 22, p. 645;
R.S.1913, § 4066;
C.S.1922, § 3469;
C.S.1929, § 59-822;
R.S.1943, § 59-828;
Laws 1974, LB 1028, § 2;
Laws 2002, LB 1278, § 17.
Annotations
Attorney General is not authorized to bring action in name of state in ordinary labor disputes, but may do so to restrain willful and illegal acts affecting public generally. State v. Employers of Labor, 102 Neb. 768, 169 N.W. 717 (1918).
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-829 - Antitrust action; construction; federal law.

59-829.
Antitrust action; construction; federal law.
When any provision of sections 59-801 to 59-831 and sections 84-211 to 84-214 or any provision of Chapter 59 is the same as or similar to the language of a federal antitrust law, the courts of this state in construing such sections or chapter shall follow the construction given to the federal law by the federal courts.
Source
Laws 1974, LB 1028, § 3;
Laws 2002, LB 1278, § 18.
Annotations
Because the remedial provisions of the Junkin Act and Clayton Act are so similar, this section requires Nebraska courts to follow the federal courts' construction of the Clayton Act. Kanne v. Visa U.S.A., 272 Neb. 489, 723 N.W.2d 293 (2006).
The purpose of this section is to achieve uniform application of the state and federal laws regarding monopolistic practices. The goal is to establish a uniform standard of conduct so that businesses will know what conduct is permitted and to protect the consumer from illegal conduct. Arthur v. Microsoft Corp., 267 Neb. 586, 676 N.W.2d 29 (2004).
Federal cases interpreting federal legislation which is nearly identical to a state act constitute persuasive authority. Heath Consultants v. Precision Instruments, 247 Neb. 267, 527 N.W.2d 596 (1995).
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-830 - Actions taken pursuant to state or federal law; reliance on validity; criminal action; limitation.

59-830.
Actions taken pursuant to state or federal law; reliance on validity; criminal action; limitation.
No criminal action may be maintained under sections 59-801 to 59-831 against any person, corporation, organization, limited liability company, or association for acting pursuant to and under the authority of any state or federal law. It is the purpose of this section to reaffirm that a person may rely on the validity of any state or federal law until declared invalid.
Source
Laws 1977, LB 524, § 1;
Laws 1993, LB 121, § 375;
Laws 2002, LB 1278, § 19.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-831 - Violations; recovery; disposition.

59-831.
Violations; recovery; disposition.
When the Attorney General, on behalf of a state agency or political subdivision, is authorized to investigate, file suit, or otherwise take action in connection with violations under sections 59-801 to 59-831, any recovery of damages or costs by judgment, court decree, settlement in or out of court, or other final result shall be subject to the following:
(1) Upon recovery of damages or any monetary payment except criminal penalties, the costs, expenses, or billings incurred by any state agency or political subdivision in any investigation or other action arising out of a violation under sections 59-801 to 59-831 shall be sought out in any judgment, court decree, settlement in or out of court, or other final result. Any recovered costs shall be deposited by the Attorney General in the fund from which such costs were expended; and
(2) When the Attorney General makes recovery pursuant to sections 59-801 to 59-831 on behalf of a state agency or political subdivision of any money, funds, securities, or other things of value in the nature of civil damages or other, except criminal penalties, whether such recovery shall be by way of verdict, judgment, compromise, or settlement in or out of court, or other final disposition of any case or controversy, such money, funds, securities, or other things of value shall be deposited by the Attorney General in the fund from which the funds which are being recovered were expended.
Source
Laws 1983, LB 32, § 7;
Laws 2002, LB 1278, § 20.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1401 - Act, how cited.

59-1401.
Act, how cited.
Sections 59-1401 to 59-1406 shall be known and may be cited as the Music Licensing Agency Act.
Source
Laws 1945, c. 139, § 1, p. 439;
Laws 1993, LB 121, § 376;
Laws 2018, LB1120, § 30.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1402 - Terms, defined.

59-1402.
Terms, defined.
For purposes of the Music Licensing Agency Act:
(1) Copyright owner means the owner of a copyright of a nondramatic musical work recognized and enforceable under the copyright laws of the United States pursuant to 17 U.S.C. 101 et seq., as such sections existed on January 1, 2018, and does not include the owner of a copyright in a motion picture or audiovisual work or in part of a motion picture or audiovisual work;
(2) Music licensing agency means an association or corporation that licenses the public performance of nondramatic musical works on behalf of copyright owners;
(3) Performing right means the right to perform a copyrighted nondramatic musical work publicly for profit;
(4) Person means any individual, resident or nonresident of this state, and every domestic, foreign, or alien partnership, limited liability company, society, association, corporation, or music licensing agency;
(5) Proprietor means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility, multi-family residential dwelling, or other similar place of business or professional office located in this state in which the public may assemble and in which nondramatic musical works or similar copyrighted works may be performed, broadcast, or otherwise transmitted for the enjoyment of members of the public there assembled; and
(6) Royalty means the fees payable to a copyright owner for a performing right.
Source
Laws 2018, LB1120, § 31;
Laws 2019, LB203, § 1.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1403 - License; tax; Department of Revenue; rules and regulations.

59-1403.
License; tax; Department of Revenue; rules and regulations.
There is hereby levied and there shall be collected a tax for the act or privilege of selling, licensing, or otherwise disposing in this state of performing rights in any musical composition, which has been copyrighted under the laws of the United States, in an amount equal to three percent of the gross receipts of all such sales, licenses, or other dispositions of performing rights in this state, payable to the Department of Revenue annually on or before March 15 of each year with respect to the gross receipts of the preceding calendar year. The department shall adopt and promulgate rules and regulations not in conflict with this section, as well as a form of return and any other forms necessary to carry out this section.
Source
Laws 1945, c. 139, § 3, p. 440;
Laws 1947, c. 253, § 1, p. 831;
Laws 2018, LB1120, § 32.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1403.01 - Music licensing agency; registration; fine; list of members.

59-1403.01.
Music licensing agency; registration; fine; list of members.
(1) Beginning January 1, 2019, a music licensing agency shall not license or attempt to license the use of or collect or attempt to collect any compensation with regard to any sale, license, or other disposition of a performing right unless the music licensing agency registers and files annually, on or before February 15, with the Department of Revenue an electronic copy of each variation of the performing-rights agreement providing for the payment of royalties made available from the music licensing agency to any proprietor within this state. The registration shall be valid for the calendar year. The department shall impose a fine for failure to renew or register in the amount of ten thousand dollars for each forty-five-day period which has passed since February 15 of the registration year if a music licensing agency fails to renew a registration or engages in business without registration.
(2) Each registered music licensing agency shall make available electronically to proprietors the most current available list of members and affiliates represented by the music licensing agency and the most current available list of the performed works that the music licensing agency licenses.
Source
Laws 2018, LB1120, § 33.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1403.02 - Music licensing agency; duties; contract requirements.

59-1403.02.
Music licensing agency; duties; contract requirements.
(1) Beginning January 1, 2019, no music licensing agency may enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at least seventy-two hours prior to the execution of that contract it provides to the proprietor or the proprietor's employees, in writing, the following:
(a) A schedule of the rates and terms of royalties under the contract; and
(b) Notice that the proprietor is entitled to the information filed with the Department of Revenue pursuant to section 59-1403.01.
(2) Beginning January 1, 2019, a contract for the payment of royalties executed in this state shall:
(a) Be in writing;
(b) Be signed by the parties; and
(c) Include, at least, the following information:
(i) The proprietor's name and business address;
(ii) The name and location of each place of business to which the contract applies;
(iii) The duration of the contract; and
(iv) The schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of those rates for the duration of the contract.
Source
Laws 2018, LB1120, § 34.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1403.03 - Music licensing agency; disclosures; representative or agent; prohibited acts.

59-1403.03.
Music licensing agency; disclosures; representative or agent; prohibited acts.
(1) Beginning January 1, 2019, before seeking payment or a contract for payment of royalties for the use of copyrighted works by that proprietor, a representative or agent for a music licensing agency shall identify himself or herself to the proprietor or the proprietor's employees, disclose that he or she is acting on behalf of a music licensing agency, and disclose the purpose for being on the premises.
(2) A representative or agent of a music licensing agency shall not:
(a) Use obscene, abusive, or profane language when communicating with a proprietor or his or her employees;
(b) Communicate by telephone or in person with a proprietor other than at the proprietor's place of business during the hours when the proprietor's business is open to the public unless otherwise authorized by the proprietor or the proprietor's agents, employees, or representatives;
(c) Engage in any coercive conduct, act, or practice that is substantially disruptive to a proprietor's business;
(d) Use or attempt to use any unfair or deceptive act or practice in negotiating with a proprietor; or
(e) Communicate with an unlicensed proprietor about licensing performances of musical works at the proprietor's establishment after receiving notification in writing from an attorney representing the proprietor that all further communications related to the licensing of the proprietor's establishment by the music licensing agency should be addressed to the attorney. However, the music licensing agency may resume communicating directly with the proprietor if the attorney fails to respond to communications from the music licensing agency within sixty days or the attorney becomes nonresponsive for a period of sixty days or more.
Source
Laws 2018, LB1120, § 35.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1403.04 - Department of Revenue; duties.

59-1403.04.
Department of Revenue; duties.
The Department of Revenue shall inform proprietors of their rights and responsibilities regarding the public performance of copyrighted music as part of the business licensing service.
Source
Laws 2018, LB1120, § 36.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1403.05 - Act, how construed.

59-1403.05.
Act, how construed.
Nothing in the Music Licensing Agency Act may be construed to prohibit a music licensing agency from conducting an investigation to determine the existence of music use by a proprietor's business or informing a proprietor of the proprietor's obligations under the copyright laws of the United States pursuant to 17 U.S.C. 101 et seq., as such sections existed on January 1, 2018.
Source
Laws 2018, LB1120, § 37.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1404 - Copyright owner; assigns; licensees; benefits.

59-1404.
Copyright owner; assigns; licensees; benefits.
Upon compliance with the Music Licensing Agency Act, the copyright owner, and his or her assigns and licensees, of a nondramatic musical work copyrighted under the laws of the United States shall be entitled to all the benefits thereof.
Source
Laws 1945, c. 139, § 4, p. 440;
Laws 2018, LB1120, § 38.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1405 - Discrimination in price; price changes; exceptions.

59-1405.
Discrimination in price; price changes; exceptions.
All music licensing agencies who sell, license the use of, or in any manner whatsoever dispose of, in this state, the performing rights in or to any copyrighted musical composition shall refrain from discriminating in price or terms between licensees similarly situated, except that differentials based upon applicable business factors which justify different prices or terms shall not be considered discriminations within the meaning of this section. Nothing contained in this section shall prevent price changes from time to time by reason of changing conditions affecting the market for or marketability of performing rights.
Source
Laws 1945, c. 139, § 5, p. 440;
Laws 2018, LB1120, § 39.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1406 - Violations; penalty.

59-1406.
Violations; penalty.
Any person violating the Music Licensing Agency Act shall be fined an amount not less than five hundred dollars and not more than two thousand dollars. Multiple violations on a single day may be considered separate violations.
Source
Laws 1945, c. 139, § 6, p. 441;
Laws 2018, LB1120, § 40.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1501 - Act, how cited.

59-1501.
Act, how cited.
Sections 59-1501 to 59-1518 shall be known and may be cited as the Unfair Cigarette Sales Act.
Source
Laws 1965, c. 364, § 1, p. 1184.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1504 - Sale of cigarettes; cost to retailer; filing with division.

59-1504.
Sale of cigarettes; cost to retailer; filing with division.
(1) Cost to the retailer shall mean the basic cost of cigarettes to the retailer plus the cost of doing business by the retailer, as evidenced by the standards and methods of accounting regularly employed by him in his allocation of overhead costs and expenses, paid or incurred, and must include, without limitation, labor, including salaries of executives and officers, rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance and advertising;
Provided,
that any retailer who purchases from the manufacturer at or less than or at about the price normally and usually charged for purchases in wholesale quantities shall, in determining cost to the retailer, pursuant to this subsection, add the cost of doing business by the wholesaler, as defined in section 59-1505, to the basic cost of cigarettes to such retailer, as well as the cost of doing business by the retailer.
(2) In the absence of the filing with the division of satisfactory proof of a lesser or higher cost of doing business by the retailer making the sale, the cost of doing business by the retailer shall be presumed to be eight percent of the basic cost of cigarettes to the retailer.
(3) In the absence of the filing with the division of satisfactory proof of a lesser or higher cost of doing business, the cost of doing business by the retailer, who, in connection with the retailer's purchase, received not only the discounts ordinarily allowed upon purchase by a retailer but also, in whole or in part, the discounts ordinarily allowed upon purchases by a wholesaler, shall be presumed to be eight percent of the sum of the basic cost of cigarettes and the cost of doing business by the wholesaler.
Source
Laws 1965, c. 364, § 4, p. 1187.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1505 - Sale of cigarettes; cost to wholesaler; filing with division.

59-1505.
Sale of cigarettes; cost to wholesaler; filing with division.
(1) Cost to the wholesaler shall mean the basic cost of cigarettes to the wholesaler plus the cost of doing business by the wholesaler, as evidenced by the standards and methods of accounting regularly employed by him or her in his or her allocation of overhead costs and expenses, paid or incurred, and must include, without limitation, labor costs, including salaries of executives and officers, rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance, and advertising.
(2) In the absence of the filing with the division of satisfactory proof of a lesser or higher cost of doing business by the wholesaler making the sale, the cost of doing business by the wholesaler shall be presumed to be four and three-quarters percent of the basic cost of cigarettes to the wholesaler.
Source
Laws 1965, c. 364, § 5, p. 1188;
Laws 2008, LB898, § 2.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1506 - Sale of cigarettes; advertising, offers for sale, sales; combination sales.

59-1506.
Sale of cigarettes; advertising, offers for sale, sales; combination sales.
In all advertisements, offers for sale or sales involving two or more items, at least one of which items is cigarettes, at a combined price, and in all advertisements, offers for sale or sales involving the giving of any concession of any kind whatsoever, whether it be coupons or otherwise, if such rebate or concession offered or given in connection with the sale of cigarettes is not offered or given by the wholesaler or retailer in the same ratio with respect to all other merchandise as to which such rebate or concession may lawfully be given which is sold by such wholesaler or retailer in the ordinary course of his trade or business, the retailer's or wholesaler's selling price shall not be below the cost to the retailer or the cost to the wholesaler, respectively, of the cigarettes included in such transactions, and the invoice cost, whether the same be paid by the retailer, the wholesaler or any other person, of all other articles, products, commodities and concessions included in such transactions, to which invoice cost shall be added the cost of doing business in the case of the wholesaler and the retailer, respectively, as such cost is defined in sections 59-1504 and 59-1505.
Source
Laws 1965, c. 364, § 6, p. 1189.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1507 - Sale of cigarettes; sale by wholesaler to another wholesaler; sale price; limitation.

59-1507.
Sale of cigarettes; sale by wholesaler to another wholesaler; sale price; limitation.
When one wholesaler sells cigarettes to any other wholesaler, the former shall not be required to include in his selling price to the latter cost to the wholesaler, as provided by section 59-1505, except that no such sale shall be made at a price less than the basic cost of cigarettes, as defined in section 59-1502, but the latter wholesaler, upon resale to a retailer or for consumption or use, shall be deemed to be the wholesaler governed by the provisions of sections 59-1504 and 59-1505.
Source
Laws 1965, c. 364, § 7, p. 1189.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1508 - Sale of cigarettes; transactions excepted.

59-1508.
Sale of cigarettes; transactions excepted.
The provisions of sections 59-1501 to 59-1518 shall not apply to sales at retail or sales at wholesale made (1) as an isolated transaction and not in the usual course of business; (2) where cigarettes are advertised, offered for sale, or sold in bona fide clearance sales for the purpose of discontinuing trade in such cigarettes and such advertising, offer to sell, or sale shall state the reason therefor and the quantity of such cigarettes advertised, offered for sale, or to be sold; (3) where cigarettes are advertised, offered for sale, or sold as imperfect or damaged, and such advertising, offer to sell or sale shall state the reason therefor and the quantity of such cigarettes advertised, offered for sale, or to be sold; (4) where cigarettes are sold upon the final liquidation of a business; or (5) where cigarettes are advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court.
Source
Laws 1965, c. 364, § 8, p. 1189.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1509 - Sale of cigarettes; transactions permitted to meet lawful competition.

59-1509.
Sale of cigarettes; transactions permitted to meet lawful competition.
(1) Any retailer may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article in this state at cost to him as a retailer as prescribed in sections 59-1501 to 59-1518. Any wholesaler may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is rendering the same type of service and is selling the same article at cost to him as a wholesaler as prescribed in sections 59-1501 to 59-1518. The price of cigarettes advertised, offered for sale, or sold under the exceptions specified in section 59-1508 shall not be considered the price of a competitor and shall not be used as a basis for establishing prices below cost, nor shall the price established at a bankruptcy sale be considered the price of a competitor within the meaning of this section.
(2) In the absence of proof of the price of a competitor, under this section, the lowest cost to the retailer, or the lowest cost to the wholesaler, as the case may be, determined by any cost survey, made pursuant to section 59-1513, may be deemed the price of a competitor within the meaning of this section.
Source
Laws 1965, c. 364, § 9, p. 1190.
2023 Nebraska Revised Statutes › Chapter 59 - Monopolies and Unlawful Restraint of Trade › 59-1510 - Sale of cigarettes; contracts void.

59-1510.
Sale of cigarettes; contracts void.
Any contract, expressed or implied, made by any person in violation of any of the provisions of sections 59-1501 to 59-1518, is declared to be an illegal and void contract and no recovery thereon shall be made.
Source
Laws 1965, c. 364, § 10, p. 1190.