59-1603 Contracts, combinations, conspiracies in restraint of trade; unlawful.

NE Code § 59-1603 (2019) (N/A)
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59-1603. Contracts, combinations, conspiracies in restraint of trade; unlawful.

Any contract, combination, in the form of trust or otherwise, or conspiracy in restraint of trade or commerce shall be unlawful.

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Immunity under the Noerr-Pennington doctrine may be raised as an affirmative defense against claims for violations of this section and section 59-1602 brought under section 59-1609. Salem Grain Co. v. Consolidated Grain & Barge Co., 297 Neb. 682, 900 N.W.2d 909 (2017).

A conspiracy need not be established by direct evidence of the acts charged, but may, and generally must, be proved by a number of indefinite acts, conditions, and circumstances which vary according to the purposes to be accomplished. State ex rel. Douglas v. Associated Grocers, 214 Neb. 79, 332 N.W.2d 690 (1983).