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.
Law reviews. — For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
Structure 2021 New Mexico Statutes
Chapter 57 - Trade Practices and Regulations
Article 1 - Restraints of Trade
Section 57-1-1 - Contracts, agreements, combinations or conspiracies in restraint of trade.
Section 57-1-1.1 - Short title.
Section 57-1-1.2 - Definition.
Section 57-1-4 - Organizations exempted.
Section 57-1-5 - Attorney general; investigation.
Section 57-1-6 - Criminal penalty.
Section 57-1-7 - Civil penalty.
Section 57-1-8 - Attorney general; injunctive relief.
Section 57-1-9 - Election of remedies.
Section 57-1-10 - District attorneys; enforcement.
Section 57-1-11 - Judgment in favor of state as prima facie evidence.
Section 57-1-12 - Limitations of actions.
Section 57-1-13 - Actions involving interstate or foreign commerce.
Section 57-1-14 - Remedies cumulative.
Section 57-1-15 - Construction.
Section 57-1-16 - [Lawful activities.]
Section 57-1-17 - Limitation on recovery of damages.