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prevailing judicial interpretations of the federal antitrust statutes.
(Added to NRS by 1975, 951)
NRS 598A.060 Prohibited acts.
1. Every activity enumerated in this subsection constitutes a contract, combination or conspiracy in restraint of trade, and it is unlawful to conduct any part of any such activity in this state:
(a) Price fixing, which consists of raising, depressing, fixing, pegging or stabilizing the price of any commodity or service, and which includes, but is not limited to:
(1) Agreements among competitors to depress prices at which they will buy essential raw material for the end product.
(2) Agreements to establish prices for commodities or services.
(3) Agreements to establish uniform discounts, or to eliminate discounts.
(4) Agreements between manufacturers to price a premium commodity a specified amount above inferior commodities.
(5) Agreements not to sell below cost.
(6) Agreements to establish uniform trade-in allowances.
(7) Establishment of uniform cost surveys.
(8) Establishment of minimum markup percentages.
(9) Establishment of single or multiple basing point systems for determining the delivered price of commodities.
(10) Agreements not to advertise prices.
(11) Agreements among competitors to fix uniform list prices as a place to start bargaining.
(12) Bid rigging, including the misuse of bid depositories, foreclosures of competitive activity for a period of time, rotation of jobs among competitors, submission of identical bids, and submission of complementary bids not intended to secure acceptance by the customer.
(13) Agreements to discontinue a product, or agreements with anyone engaged in the manufacture of competitive lines to limit size, styles or quantities of items comprising the lines.
(14) Agreements to restrict volume of production.
(b) Division of markets, consisting of agreements between competitors to divide territories and to refrain from soliciting or selling in certain areas.
(c) Allocation of customers, consisting of agreements not to sell to specified customers of a competitor.
(d) Tying arrangements, consisting of contracts in which the seller or lessor conditions the sale or lease of commodities or services on the purchase or leasing of another commodity or service.
(e) Monopolization of trade or commerce in this state, including, without limitation, attempting to monopolize or otherwise combining or conspiring to monopolize trade or commerce in this state.
(f) Except as otherwise provided in subsection 2, consolidation, conversion, merger, acquisition of shares of stock or other equity interest, directly or indirectly, of another person engaged in commerce in this state or the acquisition of any assets of another person engaged in commerce in this state that may:
(1) Result in the monopolization of trade or commerce in this state or would further any attempt to monopolize trade or commerce in this state; or
(2) Substantially lessen competition or be in restraint of trade.
2. The provisions of paragraph (f) of subsection 1 do not:
(a) Apply to a person who, solely for an investment purpose, purchases stock or other equity interest or assets of another person if the purchaser does not use his acquisition to bring about or attempt to bring about the substantial lessening of competition in this state.
(b) Prevent a person who is engaged in commerce in this state from forming a subsidiary corporation or other business organization and owning and holding all or part of the stock or equity interest of that corporation or organization.
(Added to NRS by 1975, 945; A 1981, 1238; 2001, 483)
NRS 598A.070 Duties of Attorney General and district attorneys.
1. The Attorney General shall:
(a) Enforce the provisions of this chapter.
(b) Investigate suspected violations of the provisions of this chapter.
(c) Institute proceedings on behalf of the State, its agencies, political subdivisions, districts or municipal corporations, or as parens patriae of the persons residing in the State for:
(1) Injunctive relief to prevent and restrain a violation of any provision of this chapter.
(2) Civil penalties for violations of the provisions of this chapter.
(3) Criminal penalties for violations of the provisions of this chapter.
2. Any district attorney in this state, with the permission or at the direction of the Attorney General, shall institute proceedings in the name of the State of Nevada for any violation of the provisions of this chapter.
(Added to NRS by 1975, 946; A 1989, 305)
NRS 598A.080 Cooperation with Federal Government and other states. The Attorney General may cooperate with and coordinate the enforcement of the provisions of this chapter with officials of the Federal Government and the several states, including but not limited to the sharing of information and evidence obtained in accordance with NRS 598A.100.
(Added to NRS by 1975, 951)
NRS 598A.090 Jurisdiction of district courts. The district courts have jurisdiction over actions and proceedings for violations of the provisions of this chapter and may:
1. Issue temporary restraining orders and injunctions to prevent and restrain violations of the provisions of this chapter.
2. Impose civil and criminal penalties and award damages as provided in this chapter.
3. Grant mandatory injunctions reasonably necessary to eliminate practices which are unlawful under the provisions of this chapter.
(Added to NRS by 1975, 947)
NRS 598A.100 Investigative demands: Issuance by Attorney General; service; contents; privileged information.
1. Whenever the Attorney General has reasonable cause to believe that any person has information or is in possession, custody or control of any document or other tangible evidence relevant to an investigation for violation of any provision of this chapter, he may issue in writing and cause to be served upon that person, before bringing any action concerning such violation or suspected violation, an investigative demand to:
(a) Appear and be examined under oath;
(b) Answer written interrogatories under oath; or
(c) Produce the document or other tangible evidence for inspection and copying.
2. The demand shall:
(a) Be served upon the person in the manner required for service of process in this state or by certified mail with return receipt requested.
(b) State the section or sections of this chapter, alleged to have been violated and the general nature of the investigation.
(c) Describe the class or classes of documents or other tangible evidence with sufficient definiteness to permit them to be fairly identified.
(d) Contain a copy of the written interrogatories, if any.
(e) Prescribe a time at which the person must appear to testify, within which to answer the written interrogatories or produce the documents or other tangible evidence, but inspection of documentary material or other tangible evidence may be carried out at the place where the documents or evidence are located when the production of the material would be burdensome to the person investigated or where such visitorial investigation would be preferred by the Attorney General.
(f) Specify a place for the taking of testimony or for production of evidence and identify the person who is to take custody of the document or other tangible evidence for the purposes of inspection or copying.
3. A written investigative demand shall not require the submission of any privileged documentary material or testimony.
(Added to NRS by 1975, 947)
NRS 598A.110 Investigative demands: Confidential
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