Assembly Bill No. 152–Committee on Commerce and Labor

 

CHAPTER..........

 

AN ACT relating to trade practices; authorizing a court to award reasonable attorney’s fees and costs in certain actions relating to deceptive trade practices; providing that certain monopolies and other trade practices are unlawful if they monopolize trade or commerce in this state; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. NRS 598.0999 is hereby amended to read as follows:

   598.0999  1.  A person who violates a court order or injunction issued

 pursuant to NRS 598.0903 to 598.0997, inclusive, upon a complaint

 brought by the commissioner, the director, the district attorney of any

 county of this state or the attorney general shall forfeit and pay to the state

 general fund a civil penalty of not more than $10,000 for each violation.

 For the purpose of this section, the court issuing the order or injunction

 retains jurisdiction over the action or proceeding. Such civil penalties are

 in addition to any other penalty or remedy available for the enforcement of

 the provisions of NRS 598.0903 to 598.0997, inclusive.

   2.  In any action brought pursuant to NRS 598.0903 to 598.0999,

 inclusive, if the court finds that a person has willfully engaged in a

 deceptive trade practice, the commissioner, the director, the district

 attorney of any county in this state or the attorney general bringing the

 action may recover a civil penalty not to exceed $2,500 for each violation.

 The court in any such action may, in addition to any other relief or

 reimbursement, award reasonable attorney’s fees and costs.

   3.  A natural person, firm, or any officer or managing agent of any

 corporation or association who knowingly and willfully engages in a

 deceptive trade practice, other than a deceptive trade practice described in

 NRS 598.992:

   (a) For the first offense, is guilty of a misdemeanor.

   (b) For the second offense, is guilty of a gross misdemeanor.

   (c) For the third and all subsequent offenses, is guilty of a category D

 felony and shall be punished as provided in NRS 193.130.

   4.  Any offense which occurred within 10 years immediately preceding

 the date of the principal offense or after the principal offense constitutes a

 prior offense for the purposes of subsection 3 when evidenced by a

 conviction, without regard to the sequence of the offenses and convictions.

   5.  If a person violates any provision of NRS 598.0903 to 598.0999,

 inclusive, 598.100 to 598.2801, inclusive, 598.281 to 598.289, inclusive,

 598.840 to 598.966, inclusive, or 598.992, fails to comply with a judgment

 or order of any court in this state concerning a violation of such a

 provision, or fails to comply with an assurance of discontinuance or other

 agreement concerning an alleged violation of such a provision, the

 commissioner or the district attorney of any county may bring an action in

 the name of the State of Nevada seeking:

   (a) The suspension of the person’s privilege to conduct business within

 this state; or

   (b) If the defendant is a corporation, dissolution of the corporation.

The court may grant or deny the relief sought or may order other

appropriate relief.

   Sec. 2.  NRS 598A.060 is hereby amended to read as follows:

   598A.060  1.  Every activity enumerated [below] in this [section]

 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:

   [1.] (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:

   [(a)] (1) Agreements among competitors to depress prices at which

 they will buy essential raw material for the end product.

   [(b)] (2) Agreements to establish prices for commodities or services.

   [(c)] (3) Agreements to establish uniform discounts, or to eliminate

 discounts.

   [(d)] (4) Agreements between manufacturers to price a premium

 commodity a specified amount above inferior commodities.

   [(e)] (5) Agreements not to sell below cost.

   [(f)] (6) Agreements to establish uniform trade-in allowances.

   [(g)] (7) Establishment of uniform cost surveys.

   [(h)] (8) Establishment of minimum markup percentages.

   [(i)] (9) Establishment of single or multiple basing point systems for

 determining the delivered price of commodities.

   [(j)] (10) Agreements not to advertise prices.

   [(k)] (11) Agreements among competitors to fix uniform list prices as a

 place to start bargaining.

   [(l)] (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.

   [(m)] (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.

   [(n)] (14) Agreements to restrict volume of production.

   [2.] (b) Division of markets, consisting of agreements between

 competitors to divide territories and to refrain from soliciting or selling in

 certain areas.

   [3.] (c) Allocation of customers, consisting of agreements not to sell to

 specified customers of a competitor.

   [4.] (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.

   Sec. 3.  The amendatory provisions of this act do not apply to offenses

 committed before July 1, 2001.

   Sec. 4.  This act becomes effective on July 1, 2001.

 

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