New Mexico. Statutory Language

New Mexico Statute 34-49
N.M. S
. 1978 §§ 57-1-1 to 57-1-19
§ 57-1-1. Contracts, agreements, combinations or conspiracies in
restraint of trade
Every contract, agreement, combination or conspiracy in restraint of trade or
commerce, any part of which trade or commerce is within this state, is unlawful.
§ 57-1-1.1. Short title
Section 57-1-1 through 57-1-15 NMSA 1978 may be cited as the “Antitrust
§ 57-1-1.2. Definition
As used in the Antitrust Act, “person” means an individual, corporation, business
trust, partnership, association or any governmental or other legal entity with the
exception of the state, except as used in Subsection B of Section 57-1-3 NMSA 1978,
and the United States.
§ 57-1-2. Monopolies
It is hereby declared to be unlawful for any person to monopolize or attempt to
monopolize, or combine or conspire with any other person or persons to monopolize,
trade or commerce, any part of which trade or commerce is within this state.
§ 57-1-3. Contracts for restraint of trade or monopoly void; civil liability
of participants; injunctive relief; purchasers relieved from
A. All contracts and agreements in violation of Section 57-1-1 or 57-1-2 NMSA
1978 shall be void, and any person threatened with injury or injured in his business or
property, directly or indirectly, by a violation of Section 57-1-1 or 57-1-2 NMSA 1978
may bring an action for appropriate injunctive relief, up to threefold the damages
sustained and costs and reasonable attorneys’ fees. If the trier of fact finds that the facts
so justify, damages may be awarded in an amount less than that requested, but not less
than the damages actually sustained.
B. The attorney general may bring an action under Subsection A of this section
on behalf of the state, a political subdivision thereof or any public agency.
C. In any action under this section, any defendant, as a partial or complete
defense against a damage claim, may, in order to avoid duplicative liability, be entitled
to prove that the plaintiff purchaser or seller in the chain of manufacture, production, or

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