Chapter 59 — MONOPOLIES AND UNLAWFUL RESTRAINT OF TRADE
240 sections in this chapter.
Repealed. Laws 1981, LB 381, § 41.
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[Repealed or reserved.]
Repealed. Laws 1981, LB 381, § 41.
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[Repealed or reserved.]
Repealed. Laws 1981, LB 381, § 41.
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[Repealed or reserved.]
Repealed. Laws 1981, LB 381, § 41.
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[Repealed or reserved.]
Neb. Rev. Stat. § 59-801 Restraint of trade or commerce; unlawful; penalty.
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Every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce, within this state, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy shall be deemed guilt…
Neb. Rev. Stat. § 59-802 Monopolizing trade or commerce; unlawful; penalty.
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Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce, within this state, shall be deemed guilty of a Class IV felony.
Neb. Rev. Stat. § 59-803 Violation; property under contract forfeited.
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Any property owned under any contract or by any combination, or pursuant to any conspiracy, and being the subject thereof, mentioned in sections 59-801 and 59-802, shall be forfeited to the state.
Neb. Rev. Stat. § 59-804 Business of corporations or other companies; conduct; investigation by Attorney General; powers.
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The Attorney General of this state may at any time require of any corporation, joint-stock company, limited liability company, or other association engaged in business within this state, any statement he or she may think fit in regard to the conduct of its business. He or she may…
Neb. Rev. Stat. § 59-805 Restraint of trade; underselling; penalty.
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Every person, corporation, joint-stock company, limited liability company, or other association engaged in business within this state which enters into any contract, combination, or conspiracy or which gives any direction or authority to do any act for the purpose of driving out …
Neb. Rev. Stat. § 59-806 Holding companies; when unlawful.
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No corporation, joint-stock company, limited liability company, or other association shall engage in business within this state, a majority of whose stock is owned by or controlled or held in trust for any manufacturing or other corporation, which, in the course of its manufactur…
Neb. Rev. Stat. § 59-807 Books of record and papers; inspection by Attorney General.
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All the books of record and papers of every such corporation, joint-stock company, limited liability company, or other association engaged in business within this state shall be subject to inspection by the Attorney General of this state or by any agent he or she may designate fo…
Neb. Rev. Stat. § 59-808 Prohibited acts.
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Any president, director, treasurer, officer, corporator, partner, member, associate, or agent of such corporation, joint-stock company, limited liability company, or other association who does in its behalf anything prohibited by sections 59-801 to 59-831 or who supports, votes f…
Neb. Rev. Stat. § 59-809 Violation; ouster.
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No corporation, joint-stock company, limited liability company, or other association which manufactures or produces any article for sale or transportation within this state and which does any of the acts or things prohibited to be done by sections 59-801 to 59-831 shall engage in…
Neb. Rev. Stat. § 59-810 Second or subsequent violations; ouster; injunction.
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Any corporation, joint-stock company, limited liability company, or other association which has been once adjudged to have violated the provisions of sections 59-801 to 59-831 by the final judgment of any court having jurisdiction of the question in any civil suit or proceeding i…
Neb. Rev. Stat. § 59-811 Second or subsequent violations; duty of Attorney General.
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It shall be the duty of the Attorney General in such case, unless he or she is satisfied that such corporation, joint-stock company, limited liability company, or other association has desisted and abstained and will in the future desist and abstain from such violation, to enforc…
Neb. Rev. Stat. § 59-812 Violators; actions against; joinder of parties.
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Any corporation, joint-stock company, limited liability company, or other association which is charged with violating sections 59-801 to 59-831 and any president, director, treasurer, officer, limited liability company member, or agent thereof may be joined as a party in any proc…
Neb. Rev. Stat. § 59-813 Violators; ouster; injunctions; business affected with a public interest; decree.
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If, in the judgment of the Attorney General, such corporation, joint-stock company, limited liability company, or other association against which any civil proceeding may be instituted is one upon which the public is so depending that the interruption of its business will cause s…
Neb. Rev. Stat. § 59-814 Violators; parties to employment contract; injunction.
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The court may also, in its discretion, enjoin the officers, agents, or servants of such corporation, joint-stock company, or other association or the managers, agents, or servants of such limited liability company from continuing in its service and enjoin any such corporation, jo…
Neb. Rev. Stat. § 59-815 Violation; penalty.
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Any corporation, joint-stock company, limited liability company, or other association, and any president, director, treasurer, officer, corporator, partner, member, associate, or agent thereof who in its behalf engages in such business in violation of sections 59-801 to 59-831 sh…
Neb. Rev. Stat. § 59-816 Violation; company officers; personal liability.
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Every president, treasurer, general manager, agent, or other person usually exercising the powers of such officers of any corporation, joint-stock company, limited liability company, or other association who has himself or herself, in its behalf, violated, united to violate, or v…
Repealed. Laws 1963, c. 425, art. 8, § 2.
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[Repealed or reserved.]
Neb. Rev. Stat. § 59-818 Seeking or receiving special advantages; transport of article; when unlawful; penalty.
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If any joint-stock company, corporation, limited liability company, or combination or any agent thereof solicits, accepts, or receives any such rebate, concession, or service as is hereinbefore declared to be unlawful, it shall be unlawful thereafter to transport within this stat…
Neb. Rev. Stat. § 59-819 Violations; jurisdiction; powers of courts.
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The several courts of record of this state having equity jurisdiction are hereby invested with jurisdiction to prevent and restrain all violations of sections 59-801 to 59-831 and especially the offering, granting, giving, soliciting, accepting, or receiving any such rebate, conc…
Neb. Rev. Stat. § 59-820 Violations; civil proceedings; subpoena; may issue to any county.
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Whenever it shall appear to the court before which any civil proceeding under sections 59-801 to 59-831 shall be pending that the ends of justice require that other parties shall be brought before the court, the court may cause them to be summoned whether they reside in the count…
Neb. Rev. Stat. § 59-821 Violations; recovery of actual or liquidated damages; attorney's fees.
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Any person who is injured in his or her business or property by any other person or persons by a violation of sections 59-801 to 59-831, whether such injured person dealt directly or indirectly with the defendant, may bring a civil action in the district court in the county in wh…
Neb. Rev. Stat. § 59-821.01 Illegal overcharge or undercharge case.
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In an illegal overcharge or undercharge case in which claims are asserted by both parties who dealt directly with the defendant and parties who dealt indirectly with the defendant or any combination thereof: (1) A defendant may prove, as a partial or complete defense to a claim f…
Neb. Rev. Stat. § 59-822 Person, defined.
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The words person or persons, as used in sections 59-801 to 59-831, shall be deemed to include all corporations, associations, limited liability companies, combinations, or concerns whatsoever.
Neb. Rev. Stat. § 59-823 Violations; actions brought by state; advancement of cause; appeal.
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When any suit in equity is brought in any court under sections 59-801 to 59-831 in which the state is complainant, the Attorney General may file with the clerk of such court a certificate that, in his or her opinion, the case is of general public importance, a copy of which certi…
Neb. Rev. Stat. § 59-824 Violations; proceedings; evidence; discovery; privilege not allowed.
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In all prosecutions, hearings, and proceedings under sections 59-801 to 59-831, whether civil or criminal, no person shall be excused from attending and testifying or from producing books, papers, contracts, agreements, and documents before the courts of this state, or in obedien…
Neb. Rev. Stat. § 59-825 Violations; proceedings; refusal to attend and testify; penalty.
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Any person who shall neglect or refuse to make returns, attend and testify or answer any lawful requirement hereinbefore provided for, or produce books, papers, contracts, agreements, and documents, if in his or her custody, control, or power to do so, in obedience to the subpoen…
Neb. Rev. Stat. § 59-826 Violations; proceedings; perjury; penalty.
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Whoever knowingly swears to a return or report required by sections 59-801 to 59-831 that is false in any material particular, or knowingly swears to an answer to any of the requirements of such sections that is false in any material particular, shall be deemed guilty of perjury …
Neb. Rev. Stat. § 59-827 Violations; proceedings; subornation of perjury.
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Whoever shall knowingly prepare, or cause to be prepared, a report, return, or answer required by sections 59-801 to 59-831 that is false, as aforesaid, shall be guilty of subornation of perjury and punished by law.
Neb. Rev. Stat. § 59-828 Violations; prosecutions; duty of Attorney General and county attorney; evidence; discovery; immunity; scope and operation; proceeding by individual; costs.
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(1) It is hereby made the duty of the Attorney General and the county attorney of each county under the direction of the Attorney General to institute and prosecute such proceedings as may be necessary to carry into effect sections 59-801 to 59-831. No person shall be prosecuted …
Neb. Rev. Stat. § 59-829 Antitrust action; construction; federal law.
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When any provision of sections 59-801 to 59-831 and sections 84-211 to 84-214 or any provision of Chapter 59 is the same as or similar to the language of a federal antitrust law, the courts of this state in construing such sections or chapter shall follow the construction given t…
Neb. Rev. Stat. § 59-830 Actions taken pursuant to state or federal law; reliance on validity; criminal action; limitation.
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No criminal action may be maintained under sections 59-801 to 59-831 against any person, corporation, organization, limited liability company, or association for acting pursuant to and under the authority of any state or federal law. It is the purpose of this section to reaffirm …
Neb. Rev. Stat. § 59-831 Violations; recovery; disposition.
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When the Attorney General, on behalf of a state agency or political subdivision, is authorized to investigate, file suit, or otherwise take action in connection with violations under sections 59-801 to 59-831, any recovery of damages or costs by judgment, court decree, settlement…
Repealed. Laws 1974, LB 1028, § 32.
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[Repealed or reserved.]
Repealed. Laws 1974, LB 1028, § 32.
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[Repealed or reserved.]
Repealed. Laws 1974, LB 1028, § 32.
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[Repealed or reserved.]
Repealed. Laws 1974, LB 1028, § 32.
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[Repealed or reserved.]