New Mexico § 57-1-17 - Limitation on recovery of damages

§ 57-1-17. Limitation on recovery of damages

A. Notwithstanding the provisions of Section 57-1-3 NMSA 1978: (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 (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. B. As used in this section: (1) “local government” means: (a) a city, county or any other general function governmental unit established by

state law; or (b) a school district, sanitary district or any other special function governmental

unit established by state law; and (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.