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- 83rd Session (2025)
Assembly Bill No. 44–Committee
on Commerce and Labor
CHAPTER..........
AN ACT relating to unfair trade practices; revising the list of
activities that constitute an unlawful contract, combination or
conspiracy in restraint of trade to include manipulating the
price of an essential good or service in this State; providing a
penalty; and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
The Nevada Unfair Trade Practice Act sets forth various activities that
constitute an unlawful contract, combination or con spiracy in restraint of trade and
authorizes the Attorney General to investigate and take certain actions against
persons who engage in such activities, which may include, without limitation,
criminal prosecution and the imposition of civil penalties. (Cha pter 598A of NRS)
Existing law makes it a category D felony to engage in such activities. (NRS
598A.280) This bill includes among the activities that constitute an unlawful
contract, combination or conspiracy in restraint of trade manipulating the price of
an essential good or service in this State. This bill defines “essential good or
service” to mean any good or service which is needed on a daily or recurring basis
for the livelihood of a person and which falls within certain specified categories of
goods and services. Section 1 of this bill provides that a person manipulates the
price of an essential good or service when the person, alone or in concert with
others, knowingly engages in any deceptive trade practice which: (1) involves
conduct engaged in by the person either with the intent to mislead consumers or for
the purpose of manipulating the market for an essential good or service; and (2) is
intended to and does cause the price of an essential good or service in thi s State to
increase in a manner that does not reflect the basic forces of supply and demand
and results in a person paying , over a 1 -year period, an amount for the good or
service which represents a percentage increase over the amount paid by the person
over the immediately preceding year that is equal to or greater than the average
percentage increase for the most recent 5 -year average annual percentage change
for the category of good or service, as set forth in the Personal Consumption
Expenditures by Sta te (SAPCE3) for the State of Nevada as published by the
Bureau of Economic Analysis of the United States Department of Commerce .
Section 1 sets forth certain exceptions from the prohibition against manipulating
the price of an essential good or service.
Existing law, with certain exceptions, authorizes a person who is injured or
damaged, or threatened with injury or damage, by a violation of the Nevada Unfair
Trade Practice Act to bring an action to obtain certain relief. (NRS 598A.210)
Sections 1 and 2 of this bill provide that the provisions relating to the manipulation
of an essential good or service do not establish a private right of action against any
person.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 598A.060 is hereby amended to read as
follows:
598A.060 1. Every activity enumerated in this subsection
constitutes a contract, combination or conspiracy in restraint of
trade, and it is unlawful to conduct any part of any such activity in
this State:
(a) Price fixing, w hich consists of raising, depressing, fixing,
pegging or stabilizing the price of any commodity or service, and
which includes, but is not limited to:
(1) Agreements among competitors to depress prices at
which they will buy essential raw material for the end product.
(2) Agreements to establish prices for commodities or
services.
(3) Agreements to establish uniform discounts, or to
eliminate discounts.
(4) Agreements between manufacturers to price a premium
commodity a specified amount above inferior commodities.
(5) Agreements not to sell below cost.
(6) Agreements to establish uniform trade-in allowances.
(7) Establishment of uniform cost surveys.
(8) Establishment of minimum markup percentages.
(9) Establishment of single or multiple basing point systems
for determining the delivered price of commodities.
(10) Agreements not to advertise prices.
(11) Agreements among competitors to fix uniform list
prices as a place to start bargaining.
(12) Bid rigging, including the misuse of b id depositories,
foreclosures of competitive activity for a period of time, rotation of
jobs among competitors, submission of identical bids, and
submission of complementary bids not intended to secure
acceptance by the customer.
(13) Agreements to disco ntinue a product, or agreements
with anyone engaged in the manufacture of competitive lines to
limit size, styles or quantities of items comprising the lines.
(14) Agreements to restrict volume of production.
(b) Division of markets, consisting of agreements between
competitors to divide territories and to refrain from soliciting or
selling in certain areas.
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(c) Allocation of customers, consisting of agreements not to sell
to specified customers of a competitor.
(d) Tying arrangements, consisting of contracts in which the
seller or lessor conditions the sale or lease of commodities or
services on the purchase or leasing of another commodity or service.
(e) Monopolization of trade or commerce in this State,
including, without limitation, attempting to monopolize or otherwise
combining or conspiring to monopolize trade or commerce in this
State.
(f) Except as otherwise provided in subsection 2, manipulating
the price of an essential good or service in this State. For the
purposes of this paragraph, a person manipulates the price of an
essential good or service in this State when the person, alone or in
concert with others, knowingly engages in any deceptive trade
practice in violation of NRS 598.0903 to 598.0999, inclusive,
which:
(1) Involves conduct engaged in by the person either with
the intent to mislead consumers or for the purpose of
manipulating the market for an essential good or service in this
State to the detriment of the public; and
(2) Is intended to and does cause the price of an e ssential
good or service in this State to increase in a manner that:
(I) Does not reflect basic forces of supply and demand ;
and
(II) Results in a person paying , over a 1 -year period, an
amount for the good or service which represents a percentage
increase over the amount paid by the person over the immediately
preceding year that is equal to or greater than the average
percentage increase for the most recent 5 -year average annual
percentage change for the category of good or service, as set forth
in the Personal Consumption Expenditures by State (SAPCE3) for
the State of Nevada , as published by the Bureau of Economic
Analysis of the United States Department of Commerce.
(g) Except as o therwise provided in subsection [2,] 5,
consolidation, conversion, merger, acquisition of shares of stock or
other equity interest, directly or indirectly, of another person
engaged in commerce in this State or the acquisition of any assets of
another person engaged in commerce in this State that may:
(1) Result in the monopolization of trade or commerce in this
State or would further any attempt to monopolize trade or commerce
in this State; or
(2) Substantially lessen competition or be in restraint of
trade.
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2. The provisions of paragraph (f) of subsection 1 do not
apply to:
(a) Conduct which is expressly authorized, regulated or
approved by an administrative agency of:
(1) This State;
(2) The United States; or
(3) A city or county of this State,
having jurisdiction over the prices of goods or services;
(b) Conduct relating to rates, fares, allowances or charges of a
transportation network company pursuant to chapter 706A of
NRS; or
(c) Conduct relating to prices charged by a resort hotel.
3. The provisions of paragraph (f) of subsection 1 do not
establish a private right of action against any person.
4. Nothing in the provisions of paragraph (f) of subsection 1
shall be construed to prohibit a person from redu cing the price
charged by the person for an essential good or service in this State
for a limited period as part of a time-limited sale or promotion that
has been advertised as such or from engaging in any other
conduct that does not constitute a deceptive trade practice for the
purposes of NRS 598.0903 to 598.0999, inclusive.
5. The provisions of paragraph [(f)] (g) of subsection 1 do not:
(a) Apply to a person who, solely for an investment purpose,
purchases stock or other equity interest or assets of another person if
the purchaser does not use his or her acquisition to bring about or
attempt to bring about the substantial lessening of competition in
this State.
(b) Prevent a person who is engaged in commerce in this State
from forming a subsidiary co rporation or other business
organization and owning and holding all or part of the stock or
equity interest of that corporation or organization.
6. As used in this section:
(a) “Essential good or service” means any good or service
which is needed on a d aily or recurring basis for the livelihood of
a person and which falls within one of the following categories:
(1) Food and beverages purchased for off -premises
consumption;
(2) Clothing and footwear;
(3) Gasoline and other energy goods;
(4) Pharmaceutical and other medical products;
(5) Housing;
(6) Household utilities;
(7) Ground transportation;
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(8) Telecommunication services; or
(9) Internet access.
(b) “Resort hotel” has the meaning ascribed to it in
NRS 463.01865.
(c) “Transportation network company” has the meaning
ascribed to it in NRS 706A.050.
Sec. 2. NRS 598A.210 is hereby amended to read as follows:
598A.210 Except as otherwise provided in NRS 598A.430 [:]
and subsection 3 of NRS 598A.060:
1. Any person threatened with injury or damage to his or her
business or property by reason of a violation of any provision of this
chapter may institute a civil action or proceeding for injunctive or
other equitable relief, including, without limitation, a temporary
restraining order, a preliminary or permanent injunction, restitution
or disgorgement. If the court issues a permanent injunction, the
plaintiff shall recover reasonable attorney fees, together with costs,
as determined by the court.
2. Any person injured or damaged directly or indirectly in his
or her business or property by reason of a violation of the provisions
of this chapter may institute a civil action and shall recover treble
damages, together with reasonable attorney fees and costs.
3. Any person commencing an action for any violation of the
provisions of this chapter shall, simultaneously with the filing of
the complaint with the court, mail a copy of the complaint to the
Attorney General.
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