Price Discrimination

NMSA 1978 ch. 57, art. 14

in effect

NMSA 1978, § 57-14-1 Short title

57-14-1. Short title This act [57-14-1 to 57-14-9 NMSA 1978] may be cited as the "Price Discrimination Act". 1953 Comp., § 49-11-1, enacted by Laws 1961, ch. 229, § 1.

NMSA 1978, § 57-14-2 Definitions

57-14-2. Definitions As used in the Price Discrimination Act: A. "person" means an individual, partnership, association, corporation, joint-stock company or business trust; B. "price" means the net price to the buyer after deduction of all discounts, rebates or other price concessions paid or allowed by the seller; C. "commerce" means trade within this state; and D. "commodity" means any movable article or any commercial service sold in commerce. 1953 Comp., § 49-11-2, enacted by Laws 1961, ch. 229, § 2; 1965, ch. 301, § 1.

NMSA 1978, § 57-14-3 Discrimination unlawful

57-14-3. Discrimination unlawful A. It is unlawful for any person engaged in commerce, either directly or indirectly, intentionally, for the purpose of destroying competition or eliminating a competitor, to: (1) discriminate in price between different purchasers of commodities of like grade and quality; or (2) discriminate in price between different sections, communities or cities in this state where the effect is to lessen competition substantially, to create a monopoly in any line of commerce or to injure, destroy or prevent competition with any person who grants or knowingly receives the benefit of the discrimination, or with customers of either. B. This section does not prevent: (1) allowance for differences in cost of manufacture, sale or delivery resulting from differing methods or quantities in which commodities are sold or delivered; (2) persons engaged in selling goods, wares or merchandise in commerce from selecting their own customers in bona fide transactions not in restraint of trade; or (3) price changes in response to changing conditions affecting the market or marketability of goods. 1953 Comp., § 49-11-3, enacted by Laws 1961, ch. 229, § 3.

NMSA 1978, § 57-14-4 Meeting competitive price a defense

57-14-4. Meeting competitive price a defense It is a defense to any action under this act [57-14-1 to 57-14-9 NMSA 1978] to show that the seller's lower price, payment or furnishing of services or facilities to any purchaser, was made in good faith to meet equally low prices of a competitor or the services or facilities furnished by a competitor. 1953 Comp., § 49-11-4, enacted by Laws 1961, ch. 229, § 4.

NMSA 1978, § 57-14-5 Commissions and brokerages unlawful

57-14-5. Commissions and brokerages unlawful It is unlawful for any person engaged in commerce to pay, grant, receive or accept anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares or merchandise. It is unlawful for either party to the transaction to pay or grant anything of value as a commission, brokerage or other compensation, or any allowance or discount to the other party to the transaction or to any agent, representative or other intermediary acting for, on behalf of or subject to direct or indirect control of the other party to the transaction. 1953 Comp., § 49-11-5, enacted by Laws 1961, ch. 229, § 5.

NMSA 1978, § 57-14-6 Customer discrimination

57-14-6. Customer discrimination It is unlawful for any person engaged in commerce: A. to pay or contract for payment of anything of value to or for the benefit of a customer as compensation for any services or facilities furnished by or through the customer in connection with the processing, handling, sale or offering for sale of any products or commodities manufactured, sold or offered for sale unless the payment or compensation is available on proportionally equal terms to all other customers competing in the distribution of the products or commodities; B. to discriminate in favor of one purchaser against another purchaser of a commodity bought for resale, with or without processing, by contracting to furnish or furnishing, or by contributing to the furnishing of any services or facilities connected with the processing, handling, sale or offering for sale of the commodity purchased on terms not accorded to all purchasers on proportionally equal terms; or C. knowingly to induce or receive a discrimination in price which is prohibited by the Price Discrimination Act. 1953 Comp., § 49-11-6, enacted by Laws 1961, ch. 229, § 6.

NMSA 1978, § 57-14-7 Cooperatives exempt

57-14-7. Cooperatives exempt Nothing in the Price Discrimination Act prevents a cooperative association from returning to its members, producers or consumers the whole or any part of the net earnings or surplus resulting from its trading operations, in proportion to their purchases or sales from, to or through the cooperative. 1953 Comp., § 49-11-7, enacted by Laws 1961, ch. 229, § 7.

NMSA 1978, § 57-14-8 Injunctive relief; damages

57-14-8. Injunctive relief; damages A. Any person injured by any violation, or who will be injured from any threatened violation of the Price Discrimination Act may maintain an action in the district court to enjoin the violation or threatened violation. If a violation or threatened violation is established, the court shall enjoin it and the plaintiff may recover threefold, the amount of damages sustained, costs of suit and a reasonable attorney fee. B. Any person injured by any violation of the Price Discrimination Act may maintain an action in the district court for damages alone and the measure of damages is the same as that prescribed in Subsection A of this section. C. In any action under this section, upon proof that he has been unlawfully discriminated against by the defendant, the plaintiff shall be presumed to have sustained damages equal to the monetary amount or equivalent of the unlawful discrimination and in addition, he may establish further damages sustained as a result of the discrimination. D. Where a defendant's trade or industry has an established cost survey for the localities in which the offense was committed, it is competent evidence to prove the costs of the defendant in an action under the Price Discrimination Act. 1953 Comp., § 49-11-8, enacted by Laws 1961, ch. 229, § 8; 1965, ch. 301, § 2.

NMSA 1978, § 57-14-9 Illegal contracts

57-14-9. Illegal contracts Any express or implied contract made by any person in violation of the Price Discrimination Act is an illegal contract and no action for enforcement shall be maintained in any court in this state. 1953 Comp., § 49-11-9, enacted by Laws 1961, ch. 229, § 9.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18560/index.doFetched: 10/20/2026