{"data":{"id":"us-nm/57-1-17","jurisdiction":"us-nm","citation":"57-1-17","heading":"Limitation on recovery of damages.","body":"A. Notwithstanding the provisions of Section 57-1-3 NMSA 1978:\n(1) no damages or interest on damages may be recovered under the Antitrust Act from any local government or official or employee thereof acting in an official capacity; provided, however, that in an action for a permanent injunction brought against a local government or official or employee thereof acting in an official capacity, costs and reasonable attorneys' fees may be granted to the prevailing party; and\n(2) no damages or interest on damages may be recovered under the Antitrust Act in any claim against a person based on any official action directed by a local government or official or employee thereof acting in an official capacity; provided, however, that in an action for permanent injunction brought against a person based on any official action directed by a local government or official or employee thereof acting in an official capacity, costs and reasonable attorneys' fees may be granted to the prevailing party.\nB. As used in this section:\n(1) \"local government\" means:\n(a) a city, county or any other general function governmental unit established by state law; or\n(b) a school district, sanitary district or any other special function governmental unit established by state law; and\n(2) \"person\" has the meaning given it in Section 57-1-1.2 NMSA 1978 but does not include any local government as defined in Paragraph (1) of this subsection.","path":["Chapter 57 - Trade Practices and Regulations","ARTICLE 1 Restraints of Trade"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18560/index.do","current_through":"2025-06-20","vintage":"","retrieved_at":"2026-09-03T15:02:20Z","sha256":"b93683a72edfccedb1cac05672d0bcfc6e77092216ed9c871f6edbc2cf0cfcc1","source_id":"us-nm","stale":false,"prev":"us-nm/57-1-16","next":"us-nm/57-1-18"},"notice":"GroundRules: Original legal text. Not legal advice."}