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.
B. No criminal action 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.
C. For the purposes of this section, "individual" means a person other than a corporation, business trust, partnership, association or other governmental or legal entity.
History: 1978 Comp., § 57-1-6, enacted by Laws 1979, ch. 374, § 7.
Recompilations. — Laws 1979, ch. 374, § 18, recompiled former 57-1-6 NMSA 1978, relating to penalties, as 57-1-19 NMSA 1978.
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.