Nebraska § 59-802 Monopolizing trade or commerce; unlawful; penalty

Nebraska Statutes

§ 59-802 — Monopolizing trade or commerce; unlawful; penalty

Nebraska § 59-802

Ch. 59Monopolies and Unlawful Restraint of Trade

This text of Nebraska § 59-802 (Monopolizing trade or commerce; unlawful; penalty) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 59-802 (2026).

Text

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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Legislative History

Source: Laws 1905, c. 162, § 2, p. 636; R.S.1913, § 4046; C.S.1922, § 3449; C.S.1929, § 59-802; R.S.1943, § 59-802; Laws 1977, LB 39, § 64; Laws 1983, LB 32, § 2. Annotations: 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).