The obtaining of a judgement under the Antitrust Act to assess a civil penalty against a person shall be an election of remedies to not bring a criminal prosecution against such person under the Antitrust Act. The institution of a criminal prosecution under that act against a person by filing an information or complaint or returning an indictment shall be an election of remedies not to bring suit to assess a civil penalty against such person under that act.
History: 1978 Comp., § 57-1-9, enacted by Laws 1979, ch. 374, § 10.
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.