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.
Compliance 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).
Structure 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.