Chapter 59 — MONOPOLIES AND UNLAWFUL RESTRAINT OF TRADE
240 sections in this chapter.
Neb. Rev. Stat. § 59-1503 Sale of cigarettes; unlawful acts; enumerated.
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It shall be unlawful and a violation of sections 59-1501 to 59-1518: (1) For any retailer, wholesaler or other person with intent to injure competitors or destroy or substantially lessen competition (a) to advertise, offer to sell, or sell, at retail or wholesale, cigarettes at l…
Neb. Rev. Stat. § 59-1504 Sale of cigarettes; cost to retailer; filing with division.
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(1) Cost to the retailer shall mean the basic cost of cigarettes to the retailer plus the cost of doing business by the retailer, as evidenced by the standards and methods of accounting regularly employed by him in his allocation of overhead costs and expenses, paid or incurred, …
Neb. Rev. Stat. § 59-1505 Sale of cigarettes; cost to wholesaler; filing with division.
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(1) Cost to the wholesaler shall mean the basic cost of cigarettes to the wholesaler plus the cost of doing business by the wholesaler, as evidenced by the standards and methods of accounting regularly employed by him or her in his or her allocation of overhead costs and expenses…
Neb. Rev. Stat. § 59-1506 Sale of cigarettes; advertising, offers for sale, sales; combination sales.
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In all advertisements, offers for sale or sales involving two or more items, at least one of which items is cigarettes, at a combined price, and in all advertisements, offers for sale or sales involving the giving of any concession of any kind whatsoever, whether it be coupons or…
Neb. Rev. Stat. § 59-1507 Sale of cigarettes; sale by wholesaler to another wholesaler; sale price; limitation.
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When one wholesaler sells cigarettes to any other wholesaler, the former shall not be required to include in his selling price to the latter cost to the wholesaler, as provided by section 59-1505, except that no such sale shall be made at a price less than the basic cost of cigar…
Neb. Rev. Stat. § 59-1508 Sale of cigarettes; transactions excepted.
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The provisions of sections 59-1501 to 59-1518 shall not apply to sales at retail or sales at wholesale made (1) as an isolated transaction and not in the usual course of business; (2) where cigarettes are advertised, offered for sale, or sold in bona fide clearance sales for the …
Neb. Rev. Stat. § 59-1509 Sale of cigarettes; transactions permitted to meet lawful competition.
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(1) Any retailer may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article in this state at cost to him as a retailer as prescribed in sections 59-1501 to 59-1518. Any wholesaler may advertise,…
Neb. Rev. Stat. § 59-1510 Sale of cigarettes; contracts void.
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Any contract, expressed or implied, made by any person in violation of any of the provisions of sections 59-1501 to 59-1518, is declared to be an illegal and void contract and no recovery thereon shall be made.
Neb. Rev. Stat. § 59-1511 Sale of cigarettes; admissible evidence.
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(1) In determining cost to the retailer and cost to the wholesaler the division or a court shall receive and consider as bearing on the good faith of such cost, evidence tending to show that any person complained against under any of the provisions of sections 59-1501 to 59-1518 …
Neb. Rev. Stat. § 59-1512 Sale of cigarettes; sales outside ordinary channels.
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In establishing the cost of cigarettes to the retailer or wholesaler, the invoice cost of such cigarettes purchased at a forced, bankrupt, or closeout sale, or other sale outside the ordinary channels of trade, may not be used as a basis for justifying a price lower than one base…
Neb. Rev. Stat. § 59-1513 Sale of cigarettes; cost survey.
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Where a cost survey, pursuant to recognized statistical and cost-accounting practices, has been made for the trading area in which the offense is committed, to establish the lowest cost to the retailer and the lowest cost to the wholesaler, such cost survey shall be deemed compet…
Neb. Rev. Stat. § 59-1514 Cigarette tax division; rules and regulations.
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The division may adopt rules and regulations for the enforcement of the provisions of sections 59-1501 to 59-1518 and may undertake a cost survey as provided for in section 59-1513.
Neb. Rev. Stat. § 59-1515 Sale of cigarettes; actions; remedies.
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(1) An action may be maintained in any court of equitable jurisdiction to prevent, restrain or enjoin a violation or threatened violation of any of the provisions of sections 59-1501 to 59-1518. Such an action may be instituted by any person injured by any violation or threatened…
Neb. Rev. Stat. § 59-1516 Revocation of license; procedure; appeal.
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(1) In addition to sections 59-1503 and 59-1515, the division may, after notice and hearing, suspend or revoke for any violation of the Unfair Cigarette Sales Act the license or licenses of any person, licensed under the provisions of Chapter 28 or Chapter 77, article 26, and not…
Neb. Rev. Stat. § 59-1517 Cigarette tax division; enforcement of sections.
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In order to effectuate the purposes of sections 59-1501 to 59-1518 it shall be the duty of the division to carry out the enforcement provisions of sections 59-1501 to 59-1518. In accordance with the laws of this state the division may, within the limits of available appropriation…
Neb. Rev. Stat. § 59-1518 Cigarette tax division; powers vested by other laws.
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All of the powers vested in the division by the provisions of any law heretofore or hereafter to be enacted, shall be available to the division in the enforcement of the Unfair Cigarette Sales Act.
Neb. Rev. Stat. § 59-1519 Terms, defined.
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For purposes of sections 59-1519 to 59-1525: (1) Cigarettes has the same meaning as in section 77-2601; (2) Package has the same meaning as in 15 U.S.C. 1332(4), as such section existed on May 1, 2001; and (3) Person has the same meaning as in section 77-2601.
Neb. Rev. Stat. § 59-1520 Prohibited acts.
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It is unlawful for any person to: (1) Sell or distribute in this state, acquire, hold, own, possess, or transport for sale or distribution in this state, or import or cause to be imported into this state for sale or distribution in this state, any cigarettes that do not comply wi…
Neb. Rev. Stat. § 59-1521 Exemptions.
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Sections 59-1519 to 59-1525 shall not apply to cigarettes allowed to be imported or brought into the United States for personal use or cigarettes sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with the provisions of 19 U.S.C. 15…
Neb. Rev. Stat. § 59-1522 Violation; penalty.
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Any person that commits any of the acts prohibited by section 59-1520, either knowing or having reason to know he or she is doing so, is guilty of a Class IV felony.
Neb. Rev. Stat. § 59-1523 Disciplinary actions; contraband.
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(1) The cigarette tax division of the Tax Commissioner may, after notice and hearing, revoke or suspend for any violation of section 59-1520 the: (a) License or licenses of any person licensed under sections 28-1418 to 28-1429.07 or sections 77-2601 to 77-2623; or (b) License or …
Neb. Rev. Stat. § 59-1524 Deceptive trade practice.
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A violation of section 59-1520 shall constitute a deceptive trade practice under the Uniform Deceptive Trade Practices Act and, in addition to any remedies or penalties set forth in sections 59-1519 to 59-1525, shall be subject to any remedies or penalties available for a violati…
Neb. Rev. Stat. § 59-1525 Enforcement.
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(1) Sections 59-1519 to 59-1525 shall be enforced by the cigarette tax division of the Tax Commissioner, except that at the request of the division or the division's duly authorized agent, the Nebraska State Patrol and any peace officer shall enforce the provisions of sections 59…
Neb. Rev. Stat. § 59-1601 Terms, defined.
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For purposes of the Consumer Protection Act, unless the context otherwise requires: (1) Person shall mean natural persons, corporations, trusts, unincorporated associations, partnerships, and limited liability companies; (2) Trade and commerce shall mean the sale of assets or ser…
Neb. Rev. Stat. § 59-1602 Unfair competition; practices; unlawful.
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Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce shall be unlawful.
Neb. Rev. Stat. § 59-1603 Contracts, combinations, conspiracies in restraint of trade; unlawful.
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Any contract, combination, in the form of trust or otherwise, or conspiracy in restraint of trade or commerce shall be unlawful.
Neb. Rev. Stat. § 59-1604 Monopolies and attempted monopolies; unlawful.
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It shall be unlawful for any person to monopolize, or attempt to monopolize or combine or conspire with any other person or persons to monopolize any part of trade or commerce.
Neb. Rev. Stat. § 59-1605 Transactions and agreements not to use or deal in commodities or services of competitor; unlawful; when.
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It shall be unlawful for any person to lease or sell or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, or services, whether patented or unpatented, for use, consumption, enjoyment, or resale, or fix a price charged therefor, or discount…
Neb. Rev. Stat. § 59-1606 Acquisition of corporate stock by another corporation to lessen competition; unlawful; exceptions; judicial order to divest.
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(1) It shall be unlawful for any corporation to acquire, directly or indirectly, the whole or any part of the stock or assets of another corporation when the effect of such acquisition may be to substantially lessen competition or tend to create a monopoly in any line of commerce…
Neb. Rev. Stat. § 59-1607 Labor not an article of commerce.
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The labor of a human being shall not be a commodity or article of commerce. Nothing contained in the Consumer Protection Act shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help…
Neb. Rev. Stat. § 59-1608 Attorney General; restrain prohibited acts; costs; restoration of property.
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(1) The Attorney General may bring an action in the name of the state against any person to restrain and prevent the doing of any act prohibited by the Consumer Protection Act. The prevailing party may, in the discretion of the court, recover the costs of such action including a …
Neb. Rev. Stat. § 59-1608.01 Enforcement of act; venue; jury trial.
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(1) In the enforcement of the Consumer Protection Act, the Attorney General may bring an action in the name of the state in the district court of: (a) The county in which the alleged violator resides or has his or her principal place of business; (b) A county in which the Attorne…
Repealed. Laws 2006, LB 1061, § 29.
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[Repealed or reserved.]
Neb. Rev. Stat. § 59-1608.03 Recovery under act; Attorney General; duties.
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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 the Consumer Protection Act, any recovery of damages or costs by judgment, court decree, settleme…
Neb. Rev. Stat. § 59-1608.04 State Settlement Cash Fund; created; use; investment; transfer.
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(1) The State Settlement Cash Fund is created. The fund shall be maintained by the Department of Justice and administered by the Attorney General. Except as otherwise provided by law, the fund shall consist of all recoveries received pursuant to the Consumer Protection Act, inclu…
Neb. Rev. Stat. § 59-1608.05 State Settlement Trust Fund; created; use; investment.
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The State Settlement Trust Fund is created. The fund shall be maintained by the Department of Justice and administered by the Attorney General. Except as otherwise provided by law, the fund shall consist of all recoveries received pursuant to the Consumer Protection Act, includin…
Neb. Rev. Stat. § 59-1609 Civil action for damages.
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Any person who is injured in his or her business or property by a violation of sections 59-1602 to 59-1606, whether such injured person dealt directly or indirectly with the defendant, or any person so injured because he or she refuses to accede to a proposal for an arrangement w…
Neb. Rev. Stat. § 59-1609.01 Illegal overcharge or undercharge; damages; proof; court; powers.
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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. § 59-1610 Assurance of discontinuance of prohibited act; approval of court; not considered admission.
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In the enforcement of the Consumer Protection Act, the Attorney General may accept an assurance of discontinuance of any act or practice deemed in violation of the Consumer Protection Act, from any person who engages in, or who has engaged in, such act or practice. Any such assur…
Neb. Rev. Stat. § 59-1611 Demand to produce documentary materials for inspection; contents; service; unauthorized disclosure; return; modification; vacation; use; penalty; sale, offer, or advertisement of property or services; connected accounts or assets; Attorney General; powers; court order.
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(1) Whenever the Attorney General believes that any person may be in possession, custody, or control of any original or copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or …
Neb. Rev. Stat. § 59-1612 Limitation of action.
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Any action to enforce a claim for damages under section 59-1609 shall be forever barred unless commenced within four years after the cause of action accrues; Provided, that whenever any action is brought by the Attorney General for a violation of sections 59-1602 to 59-1606, exce…
Neb. Rev. Stat. § 59-1613 Final judgment or decree; prima facie evidence in civil action; exception.
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A final judgment or decree rendered in any action brought under section 59-1608 by the state to the effect that a defendant has violated sections 59-1602 to 59-1606 shall be prima facie evidence against such defendant in any action brought by any party against such defendant unde…
Neb. Rev. Stat. § 59-1614 Civil penalties; Attorney General; duties.
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Any person who violates section 59-1603 or 59-1604 or the terms of any injunction issued as provided in the Consumer Protection Act shall forfeit and pay a civil penalty of not more than five hundred thousand dollars. Any person who violates section 59-1602 shall pay a civil pena…
Neb. Rev. Stat. § 59-1615 Dissolution, suspension, or forfeiture of corporate franchise.
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Upon petition by the Attorney General, the court may, in its discretion, order the dissolution, or suspension or forfeiture of franchise, of any corporation which violates section 59-1603 or 59-1604 or the terms of any injunction issued as provided in the Consumer Protection Act.
Neb. Rev. Stat. § 59-1616 Personal service of process outside state.
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Personal service of any process in an action under the Consumer Protection Act may be made upon any person outside the state if such person has engaged in conduct in violation of the act which has had impact in this state which the act prohibits.
Neb. Rev. Stat. § 59-1617 Exempted transactions; applicability of provisions.
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(1) Except as provided in subsection (2) of this section, the Consumer Protection Act shall not apply to actions or transactions otherwise permitted, prohibited, or regulated under laws administered by the Director of Insurance, the Public Service Commission, the Federal Energy R…
Neb. Rev. Stat. § 59-1618 Agricultural products; producers; associations; form; requirements.
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Persons engaged in the production of agricultural products as farmers, planters, ranchmen, dairymen, nut growers, or fruit growers may act together in associations, corporate or otherwise, with or without capital stock, in collectively processing, preparing for market, handling, …
Neb. Rev. Stat. § 59-1619 Agricultural associations; monopolies; restraint of trade; Attorney General; complaint; notice of hearing.
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If the Attorney General shall have reason to believe that any association described in section 59-1618 monopolizes or restrains trade to such an extent that the price of any agricultural product is unduly enhanced by reason thereof, he shall serve upon such association a complain…
Neb. Rev. Stat. § 59-1620 Contracts and agreements in restraint of trade; void; voidable.
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All contracts and agreements made in restraint of trade by coconspirators in violation of the provisions of section 59-1603, 59-1604, or 59-1605 shall be void. All contracts and agreements made between a conspirator and an innocent party in violation of the provisions of section …
Neb. Rev. Stat. § 59-1621 Conspiracy in restraint of trade; findings; prima facie evidence.
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Upon a finding in district court that a conspiracy in restraint of trade existed in an action brought pursuant to section 59-1603 or 59-1604, that finding shall constitute prima facie evidence of the existence of the conspiracy in subsequent civil actions involving the conspiracy…