COMBINATIONS AND MONOPOLIES

RSA tit. XXXI, ch. 356

in effect

RSA 356:1 Definitions.

356:1. Definitions. As used in this chapter the following terms shall have the following meaning: I. "Commodity" shall include tangible or intangible property, real, personal, or mixed. II. "Government entity" shall include the state of New Hampshire and its political subdivisions. III. "Person" shall include, where applicable, natural persons, trusts, government entities, corporations, partnerships, limited partnerships, proprietorships, incorporated or unincorporated associations, and any other legal entity. IV. "Service" shall include any activity which is performed in whole or in part for financial gain. V. "Trade or commerce" shall include any economic activity involving or relating to any commodity or service, and any other business activity. Source. 1917, 177:2. 1919, Ex., 2:1. PL 168:1. RL 202:1. RSA 356:1. 1979, 385:1, eff. Aug. 22, 1979.

RSA 356:2 Restraints Prohibited.

356:2. Restraints Prohibited. I. Every contract, combination, or conspiracy in restraint of trade is unlawful. II. Every contract, combination, or conspiracy is unlawful which has the purpose or the effect of: (a) Fixing, controlling or maintaining prices, rates, quotations or fees in any part of trade or commerce; or (b) Fixing, controlling, maintaining, limiting or discontinuing the production, manufacture, mining, sale or distribution of any commodity or service; or (c) Allocating or dividing customers or markets in any part of trade or commerce; or (d) Refusing to deal, or coercing, persuading or inducing any person to refuse to deal, with another person; or (e) Fixing or controlling the price quotation of any bid for a public or private contract, submitting sham or complementary bids, or controlling the submission of bids including refusals to bid. Source. 1917, 177:2. 1919, Ex., 2:1. PL 168:2. RL 202:2. RSA 356:2. 1979, 385:3, eff. Aug. 22, 1979.

RSA 356:3 Monopolies Prohibited.

356:3. Monopolies Prohibited. The establishment, maintenance or use of monopoly power, or any attempt to establish, maintain or use monopoly power over trade or commerce for the purpose of affecting competition or controlling, fixing or maintaining prices is unlawful. Source. 1917, 177:3. PL 168:3. RL 202:3. RSA 356:3. 1979, 385:3, eff. Aug. 22, 1979.

RSA 356:4 Penalties.

356:4. Penalties. A person who knowingly and willfully engages in conduct prohibited by this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. When the offense consists of a combination to control the price or supply, or to prevent competition in the sale, of foodstuffs or fuel, the person thus engaged shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person. Each day's violation of any provision of RSA 356 shall constitute a separate offense. Source. 1917, 177:4. PL 168:4. RL 202:4. RSA 356:4. 1973, 528:248. 1979, 385:4, eff. Aug. 22, 1979.

RSA 356:4-a Civil Remedies and Enforcement.

356:4-a. Civil Remedies and Enforcement. Notwithstanding the provisions of RSA 356:4: I. The attorney general may bring an action in the name of the state for injunctive relief and civil penalties for violations of any provision of this chapter. The action may be brought in the superior court of the county in which the defendant resides or has his principal place of business, or, with the consent of the parties or if the defendant is a nonresident and has no place of business within the state, in the superior court of Merrimack county. II. The attorney general is authorized to bring an action for violations of this chapter as parens patriae on behalf of natural persons residing in the state. Whether the injured persons dealt directly or indirectly with the defendant shall not bar this action or otherwise limit recovery. Source. 1973, 434:1. 2007, 336:1, eff. Jan. 1, 2008.

RSA 356:4-b State Remedies.

356:4-b. State Remedies. In any action brought pursuant to RSA 356:4-a the superior court may assess, for the benefit of the state, a civil penalty of not more than $25,000 for each violation of any provision of this chapter. The superior court may also grant mandatory injunctions reasonably necessary to eliminate restrictions in trade or commerce declared unlawful by this chapter. In any such action, the state shall be entitled to recover the costs of the action. In any action brought pursuant to RSA 356:4-a, II, the state shall recover actual damages sustained, and as determined by the court, the costs of the suit and reasonable attorney's fees. If the trier of facts finds that the violation is willful or flagrant, the court shall award as much as 3 times, but not less than 2 times the actual damages. Source. 1973, 434:1. 1979, 385:5. 2007, 336:2, eff. Jan. 1, 2008.

RSA 356:4-c Actual Damages.

356:4-c. Actual Damages. The state, a political subdivision thereof, or any public agency injured in its business or property by reason of a violation of this chapter may recover the actual damages sustained and the costs of the suit including reasonable attorney's fees. The state, political subdivision, or public agency shall recover regardless of whether it dealt directly or indirectly with the defendant. Source. 1973, 434:1. 2007, 336:3, eff. Jan. 1, 2008.

RSA 356:4-d Election of Remedies.

356:4-d. Election of Remedies. I. Institution of an action under RSA 356:4-a to assess a civil penalty against a person shall preclude the institution of criminal proceedings under RSA 356:4 against that person for the conduct alleged in the civil action. II. Institution of criminal prosecution against a person under RSA 356:4 shall preclude the institution of civil proceedings under RSA 356:4-a against that person for the conduct specified in the information or indictment. Source. 1979, 385:6, eff. Aug. 22, 1979.

RSA 356:4-e Prima Facie Evidence.

356:4-e. Prima Facie Evidence. I. A final judgment or decree rendered in any civil or criminal proceeding under this chapter brought by the state, to the effect that a defendant has violated RSA 356:2 or 3 shall be prima facie evidence against such defendant in any action or proceeding brought by any other party against such defendant under RSA 356:11 as to all matters respecting which the judgment obtained by the state would be an estoppel as between the parties thereto. II. This section does not apply to consent judgments or decrees entered before any testimony has been given in a hearing on the merits. Source. 1979, 385:6, eff. Aug. 22, 1979.

RSA 356:5 Procedure.

356:5. Procedure. A complaint or indictment under this chapter shall proceed to judgment according to the regular course of criminal proceedings. It shall be otherwise disposed of only upon motion in writing stating specifically the reasons therefor and verified by affidavit if facts are relied on. If the court or magistrate certifies in writing that he is satisfied that the cause relied on exists, and that the interests of public justice require the allowance thereof, such motion shall be allowed and said certificate filed in the case. Source. 1917, 177:5. PL 168:5. RL 202:5.

RSA 356:6 Testimonial Privilege.

356:6. Testimonial Privilege. No person called as a witness to testify at any proceedings under this chapter shall be excused from testifying, or from producing any books, papers or documents which are material, on the ground that his testimony will tend to incriminate him; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may testify or produce evidence, documentary or otherwise, in any such proceeding. Source. 1917, 177:6. PL 168:6. RL 202:6.

RSA 356:7 Exemption of Labor Organizations, Etc.

356:7. Exemption of Labor Organizations, Etc. Nothing contained in this chapter shall forbid the existence and operation of labor, agricultural or horticultural organizations, instituted for the purposes of mutual help and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof. Source. 1917, 177:7. PL 168:7. RL 202:7. RSA 356:7. 1979, 385:7, eff. Aug. 22, 1979.

RSA 356:8 Exemption of Agricultural Producers.

356:8. Exemption of Agricultural Producers. An organization enumerated in RSA 356:7, or the members thereof, if they have a capital stock, shall be exempt from this chapter, if they are operating in conformity with chapter 57 of the Laws of the Second Session of the Sixty-seventh Congress, entitled, "An Act to authorize association of producers of agricultural products". Source. 1917, 177:8. 1923, 120:1. PL 168:8. RL 202:8. RSA 356:8. 1979, 385:8, eff. Aug. 22, 1979.

RSA 356:8-a Exemption for Authorized Activity.

356:8-a. Exemption for Authorized Activity. Activities of and arrangements between persons shall be exempt from this chapter if such are permitted, authorized, approved, required, or regulated by a regulatory body acting under a federal or state statutory scheme or otherwise actively supervised by a regulatory agency. Source. 1979, 385:9. 1999, 289:10, eff. July 1, 1999.

RSA 356:9 Enforcement.

356:9. Enforcement. This chapter shall be enforced by the department of justice. Source. 1919 Sp., 2:2. PL 168:9. RL 202:9. RSA 356:9. 1979, 385:10. 1985, 300:7, I(a).

RSA 356:10 Official Investigation.

356:10. Official Investigation. I. The attorney general shall have the power to examine witnesses and documents for the purpose of enforcing the provisions of this chapter. II. If the attorney general believes a person under investigation for violation of the provisions of this chapter may have information or be in possession, custody or control of any document or other tangible object relevant to the investigation, before the institution of any court proceedings, the attorney general may serve upon the person a written demand in the form of a subpoena or subpoena duces tecum to appear and be examined under oath and to produce the documents or objects for inspection and copying. A subpoena or subpoena duces tecum of the attorney general may be served by the person designated therein to serve it. The attorney general may administer an oath or affirmation to any person and conduct hearings in aid of any investigation under this chapter. Any testimony given by any person so sworn shall be subject to the pains and penalties of perjury. III. Any subpoena issued pursuant to this chapter shall: (a) Describe the nature of the conduct constituting the violation under investigation; (b) Describe the documents or objects with sufficient definiteness to permit them to be fairly identified; (c) Prescribe a reasonable time at which the person shall appear to testify or within which the documents or objects shall be produced, and advise the person that objections to or reasons for not complying with the subpoena may be filed with the attorney general on or before that date; (d) Specify a place for the taking of testimony or for production and designate a person who shall be custodian of the documents or objects. IV. If a person objects to or otherwise fails to comply with the subpoena or subpoena duces tecum served upon him under this chapter, the attorney general may file in the superior court of the county in which the person resides or maintains his principal place of business or if the person is a nonresident and has no principal place of business within this state, in Merrimack county superior court, a petition for an order of the court to enforce the subpoena. Notice of hearing and a copy of the petition shall be served upon the person, who may appear in opposition to the petition. If the court finds reasonable cause to believe that there may have been a violation of any provision of this chapter and that the testimony, documents or objects subpoenaed are relevant to the investigation, it shall order the person to appear for testimony or to produce the document or object for inspection and copying as demanded, subject to any modification of the subpoena the court prescribes. V. Any procedure, testimony taken or document or object produced under this chapter shall be kept confidential by the attorney general before the institution against the person of an action brought under this chapter for the violation under investigation unless confidentiality is waived by the person or disclosure is authorized by the superior court. VI. In any investigation authorized under this section, the attorney general shall have the authority to engage the services of consultants, experts, accountants, economists, analysts, and other assistants. When the investigation constitutes the review of a proposed merger of 2 or more entities and is conducted prior to the merger, the reasonable expenses related to these assistants shall be a direct charge to the parties proposing the merger. In any action to enforce this chapter pursuant to RSA 356:4-a, the expenses related to these assistants shall be added to the reasonable costs of the enforcement action and shall be recoverable as set out in RSA 356:4-b. Source. 1973, 434:2, eff. Aug. 29, 1973. 2014, 64:1, eff. July 26, 2014.

RSA 356:11 Private Enforcement.

356:11. Private Enforcement. I. Any person threatened with injury or damage to his business or property by reason of a violation of this chapter may institute an action or proceeding for injunctive relief when and under the same conditions and principles as injunctive relief is granted in other cases. II. Any person injured in his business or property by reason of a violation of this chapter may recover the actual damages sustained, and as determined by the court, the costs of the suit and reasonable attorney's fees regardless of whether that person dealt directly or indirectly with the defendant. If the trier of facts finds that the violation is willful or flagrant, they may increase damages to an amount not in excess of 3 times the actual damages sustained. Source. 1973, 434:2. 2007, 336:4, eff. Jan. 1, 2008.

RSA 356:12 Limitation of Actions.

356:12. Limitation of Actions. I. A civil action commenced pursuant to RSA 356:4-a to recover a civil penalty is barred if not commenced within 4 years after the cause of action accrues. II. An action commenced pursuant to RSA 356:4-c and RSA 356:11 to recover damages is barred if it is not commenced within 4 years after the cause of action accrues, or within one year after the conclusion of any action or proceeding commenced pursuant to RSA 356:4-a. Source. 1973, 434:2, eff. Aug. 29, 1973.

RSA 356:13 Definition.

356:13. Definition. For the purposes of this chapter, "person" shall mean an individual, corporation, trust, estate, partnership, association, or any other legal entity. Source. 1973, 434:2, eff. Aug. 29, 1973.

RSA 356:14 Interpretation of Statute.

356:14. Interpretation of Statute. In any action or prosecution under this chapter, the courts may be guided by interpretations of the United States' antitrust laws. Source. 1973, 434:2, eff. Aug. 29, 1973.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XXXI-356.htmFetched: 10/20/2026