The intent and purpose of this act [57-5-1 to 57-5-22 NMSA 1978] is to eliminate and prevent monopolies, restraint of trade, unfair combinations, favoritism, discrimination, overbuying or preference of any kind on the part of producers, distributors or any other person or persons, in favor of any person, corporation, firm or association owning or operating any motion picture theater or theaters, to the detriment of competitive owned and/or operated picture theater or theaters, or for any competitive exhibitor being discriminated against in favor of another competitive exhibitor or exhibitors; also, to prevent any person, firm or corporation operating any motion picture theater or theaters from acquiring, overbuying or having a monopoly or the pick of the product of any producer or distributor or any other person. Any person, firm or corporation conspiring or entering into a conspiracy to in any way defeat, violate or avoid the purpose of this act, or any of the provisions hereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than twenty thousand dollars ($20,000), and by imprisonment at hard labor of not less than or more than twelve months. It shall be the duty of the district attorney of the several judicial districts to enforce the collection of this and all other fines provided for in this act and otherwise prosecute those who violate the same.

History: Laws 1933, ch. 177, § 2; 1941 Comp., § 51-2702; 1953 Comp., § 49-5-2.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 27A Am. Jur. 2d Entertainment and Sports Law § 4 et seq.; 54A Am. Jur. 2d Monopolies, Restraints of Trade, and Unfair Trade Practices § 1205.

Protection of right of exclusive performance of photoplay, 19 A.L.R. 955.

Moving-picture distribution contracts, 19 A.L.R. 1004.

Monopoly in moving pictures, 26 A.L.R. 369.

Antitrust act, distribution of film as commerce within antitrust act, 47 A.L.R. 782.

58 C.J.S. Monopolies §§ 155 to 157.