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59-802 Monopolizing trade or commerce; unlawful; penalty.

NE Code § 59-802 (2019) (N/A)
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59-802. Monopolizing trade or commerce; unlawful; penalty.

Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce, within this state, shall be deemed guilty of a Class IV felony.

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Monopolization consists of two elements: (1) the possession of monopoly power in the relevant market and (2) the willful acquisition or maintenance of that power as distinguished from growth or development as a consequence of a superior product, business acumen, or historic accident. Heath Consultants v. Precision Instruments, 247 Neb. 267, 527 N.W.2d 596 (1995).

Contract not to resell automobile was not monopolistic in character. Stanford Motor Co. v. Westman, 151 Neb. 850, 39 N.W.2d 841 (1949).

One attempting to monopolize electricity business in state by underselling competitors at less than fair market value violates public policy. State ex rel. Spillman v. Interstate Power Co., 118 Neb. 756, 226 N.W. 427 (1929).

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