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New Hampshire Antitrust Laws

In the context of business and commerce, a trust is a large entity such as a corporation, a combination of such interests, or an agreement among businesses that is intended to suppress the competition and unfairly restrict trade. Beating the competition is just business as usual, but it ventures into trust activity when such entities actively seek an unfair advantage as defined by state and federal antitrust laws. When the Federal Trade Commission (FTC) determines that a business entity is an illegal trust, the agency typically breaks it up into smaller companies. State courts primarily handle antitrust cases that are contained within state boundaries.

New Hampshire Antitrust Law at a Glance

New Hampshire antitrust law is similar to antitrust statutes in other states in that it focuses on the prevention of monopolies and conspiracies to restrain trade. Additional details of New Hampshire's antitrust law are listed in the following chart.

Antitrust Code Section 356:1, et seq.
Prohibited Acts

Every contract, combination, or conspiracy in restraint of trade; or which has the effect or purpose of:

  • Fixing, controlling or maintaining prices, rates, quotations or fees in any part of trade or commerce; or
  • Fixing, controlling, maintaining, limiting or discontinuing the production, manufacture, mining, sale or distribution of any commodity or service; or
  • Allocating or dividing customers or markets in any part of trade or commerce; or
  • Refusing to deal, or coercing, persuading or inducing any person to refuse to deal, with another person; or
  • Fixing or controlling the price quotation of any bid for a public or private contract, submitting sham or complementary bids, or controlling the submission of bids including refusals to bid.
Classifications and Penalties

A person who knowingly and willfully engages in conduct prohibited by this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

When the offense consists of a combination to control the price or supply, or to prevent competition in the sale, of foodstuffs or fuel, the person thus engaged shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person.

Each day's violation of any provision of RSA 356 shall constitute a separate offense.

Is a Private Lawsuit Possible? Yes; Dept. of Justice power to enforce
Time Limit to Bring Claim 4 yrs.
Can a Successful Plaintiff Recover Attorneys' Fees? Yes

Note: State laws are always subject to change at any time through the decisions of higher courts, enactment of newly signed legislation, and other mean. You should contact a New Hampshire antitrust attorney or conduct your own legal research to verify the state law(s) you are researching.

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