Nothing contained in the Antitrust Act is intended to prohibit actions which are:

1. A. clearly and expressly authorized by any state agency or regulatory body acting under a clearly articulated and affirmatively expressed state policy to displace competition with regulation; and
2. B. actively supervised by the state agency or regulatory body which is constitutionally or statutorily granted the authority to supervise such actions when the agency or regulatory body does not have any proprietary interest in the actions.

History: 1978 Comp., § 57-1-16, enacted by Laws 1987, ch. 37, § 3.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Repeals and reenactments. — Laws 1987, ch. 37, § 3, effective June 19, 1987, repeals 57-1-16 NMSA 1978, as enacted by Laws 1979, ch. 374, § 17, and enacts the present section, effective June 19, 1987. For provisions of the former section, see 1985 Cumulative Supplement.

Because collect call telephone rates are under the primary jurisdiction of the New Mexico public regulation commission, a regulatory agency, the rates are expressly permitted under the statute and, therefore, are not subject to claims under the New Mexico Unfair Practices Act, 57-12-1 NMSA 1978 et seq., and New Mexico Antitrust Act, Chapter 57, Article 1 NMSA 1978. Valdez v. State, 2002-NMSC-028, 132 N.M. 667, 54 P.3d 71.

Law reviews. — For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).