New Mexico Antitrust Laws

 The New Mexico Antitrust Act, Sections 57-1-1 through 57-1-15 regulates anti competitive behavior in New Mexico.  Sections N.M. Stat. § 57-1-3, any private person can bring an action for appropriate injunctive relief and can also recover reasonable attorney fees along with other awards. According to § 57-1-3, the Attorney General can bring an action for injunctive relief on behalf of the state, a political subdivision, or any public agency for violation of the provisions of this Act.  Moreover, by authority of Section 57-1-3, an Attorney General can recover damages including reasonable attorneys’ fees.  In order to recover damages for criminal penalties, a complaint must be filed within three years from the time of the violation, pursuant to § 57-1-6.  An action under this statute is barred by § 57-1-12, if it is not commenced within four years.

 

 

N.M. Stat. Ann. § 57-1-3

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.

N.M. Stat. Ann. § 57-1-6
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.

 

N.M. Stat. Ann. § 57-1-12

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.


Inside New Mexico Antitrust Laws