(Reprinted with amendments adopted on April 21, 2025)
FIRST REPRINT A.B. 44
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ASSEMBLY BILL NO. 44–COMMITTEE
ON COMMERCE AND LABOR
(ON BEHALF OF THE ATTORNEY GENERAL)
PREFILED NOVEMBER 19, 2024
____________
Referred to Committee on Commerce and Labor
SUMMARY—Prohibits manipulating the price of an essential good
or service in this State. (BDR 52-503)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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 1
constitute an unlawful contract, combination or conspiracy in restraint of trade and 2
authorizes the Attorney General to investigate and take certain actions against 3
persons who engage in such activities, which may include, without limitation, 4
criminal prosecution and the imposition of civil penalties. (Chapter 598A of NRS) 5
Existing law makes it a category D felony to engage in such activities. (NRS 6
598A.280) This bill includes among the activities that constitute an unlawful 7
contract, combination or conspiracy in restraint of trade manipulating the price of 8
an essential good or service in this State. This bill defines “essential good or 9
service” to mean any good or service which is needed on a daily or recurring basis 10
for the livelihood of a person and which falls within certain specified categories of 11
goods and services. Section 1 of this bill provides that a person manipulates the 12
price of an essential good or service when the person, alone or in concert with 13
others, knowingly engages in any deceptive trade practice which is intended to and 14
does cause the price of an essential good or service in this State to increase in a 15
manner that: (1) does not reflect the basic forces of supply and demand; and (2) 16
results in a person paying, over a 1-year period, an amount for the good or service 17
which represents a percentage increase over the amount paid by the person over the 18
immediately preceding year that is equal to or greater than the average percentage 19
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increase for the most recent 5-year average annual percentage change for the 20
category of good or service, as set forth in the Personal Consumption Expenditures 21
by State (SAPCE3) for the State of Nevada as published by the Bureau of 22
Economic Analysis of the United States Department of Commerce. Section 1 sets 23
forth certain exceptions from the prohibition against manipulating the price of an 24
essential good or service. 25
Existing law, with certain exceptions, authorizes a person who is injured or 26
damaged, or threatened with injury or damage, by a violation of the Nevada Unfair 27
Trade Practice Act to bring an action to obtain certain relief. (NRS 598A.210) 28
Sections 1 and 2 of this bill provide that the provisions relating to the manipulation 29
of an essential good or service do not establish a private right of action against any 30
person. 31
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 1
follows: 2
598A.060 1. Every activity enumerated in this subsection 3
constitutes a contract, combination or conspiracy in restraint of 4
trade, and it is unlawful to conduct any part of any such activity in 5
this State: 6
(a) Price fixing, which consists of raising, depressing, fixing, 7
pegging or stabilizing the price of any commodity or service, and 8
which includes, but is not limited to: 9
(1) Agreements among competitors to depress prices at 10
which they will buy essential raw material for the end product. 11
(2) Agreements to establish prices for commodities or 12
services. 13
(3) Agreements to establish uniform discounts, or to 14
eliminate discounts. 15
(4) Agreements between manufacturers to price a premium 16
commodity a specified amount above inferior commodities. 17
(5) Agreements not to sell below cost. 18
(6) Agreements to establish uniform trade-in allowances. 19
(7) Establishment of uniform cost surveys. 20
(8) Establishment of minimum markup percentages. 21
(9) Establishment of single or multiple basing point systems 22
for determining the delivered price of commodities. 23
(10) Agreements not to advertise prices. 24
(11) Agreements among competitors to fix uniform list 25
prices as a place to start bargaining. 26
(12) Bid rigging, including the misuse of bid depositories, 27
foreclosures of competitive activity for a period of time, rotation of 28
jobs among competitors, submission of identical bids, and 29
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submission of complementary bids not intended to secure 1
acceptance by the customer. 2
(13) Agreements to discontinue a product, or agreements 3
with anyone engaged in the manufacture of competitive lines to 4
limit size, styles or quantities of items comprising the lines. 5
(14) Agreements to restrict volume of production. 6
(b) Division of markets, consisting of agreements between 7
competitors to divide territories and to refrain from soliciting or 8
selling in certain areas. 9
(c) Allocation of customers, consisting of agreements not to sell 10
to specified customers of a competitor. 11
(d) Tying arrangements, consisting of contracts in which the 12
seller or lessor conditions the sale or lease of commodities or 13
services on the purchase or leasing of another commodity or service. 14
(e) Monopolization of trade or commerce in this State, 15
including, without limitation, attempting to monopolize or otherwise 16
combining or conspiring to monopolize trade or commerce in this 17
State. 18
(f) Manipulating the price of an essential good or service in 19
this State. For the purposes of this paragraph, a person 20
manipulates the price of an essential good or service in this State 21
when the person, alone or in concert with others, knowingly 22
engages in any deceptive trade practice in violation of NRS 23
598.0903 to 598.0999, inclusive, which is intended to and does 24
cause the price of an essential good or service in this State to 25
increase in a manner that: 26
(1) Does not reflect basic forces of supply and demand; and 27
(2) Results in a person paying, over a 1-year period, an 28
amount for the good or service which represents a percentage 29
increase over the amount paid by the person over the immediately 30
preceding year that is equal to or greater than the average 31
percentage increase for the most recent 5-year average annual 32
percentage change for the category of good or service, as set forth 33
in the Personal Consumption Expenditures by State (SAPCE3) for 34
the State of Nevada, as published by the Bureau of Economic 35
Analysis of the United States Department of Commerce. 36
(g) Except as otherwise provided in subsection [2,] 4, 37
consolidation, conversion, merger, acquisition of shares of stock or 38
other equity interest, directly or indirectly, of another person 39
engaged in commerce in this State or the acquisition of any assets of 40
another person engaged in commerce in this State that may: 41
(1) Result in the monopolization of trade or commerce in this 42
State or would further any attempt to monopolize trade or commerce 43
in this State; or 44
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(2) Substantially lessen competition or be in restraint of 1
trade. 2
2. The provisions of paragraph (f) of subsection 1 do not 3
apply to: 4
(a) Conduct which is expressly authorized, regulated or 5
approved by an administrative agency of: 6
(1) This State; 7
(2) The United States; or 8
(3) A city or county of this State, 9
having jurisdiction over the prices of goods or services; 10
(b) Conduct relating to rates, fares, allowances or charges of a 11
transportation network company pursuant to chapter 706A of 12
NRS; or 13
(c) Conduct relating to prices charged by a resort hotel. 14
3. The provisions of paragraph (f) of subsection 1 do not 15
establish a private right of action against any person. 16
4. The provisions of paragraph [(f)] (g) of subsection 1 do not: 17
(a) Apply to a person who, solely for an investment purpose, 18
purchases stock or other equity interest or assets of another person if 19
the purchaser does not use his or her acquisition to bring about or 20
attempt to bring about the substantial lessening of competition in 21
this State. 22
(b) Prevent a person who is engaged in commerce in this State 23
from forming a subsidiary corporation or other business 24
organization and owning and holding all or part of the stock or 25
equity interest of that corporation or organization. 26
5. As used in this section: 27
(a) “Essential good or service” means any good or service 28
which is needed on a daily or recurring basis for the livelihood of 29
a person and which falls within one of the following categories: 30
(1) Food and beverages purchased for off-premises 31
consumption; 32
(2) Clothing and footwear; 33
(3) Gasoline and other energy goods; 34
(4) Pharmaceutical and other medical products; 35
(5) Housing; 36
(6) Household utilities; 37
(7) Ground transportation; 38
(8) Telecommunication services; or 39
(9) Internet access. 40
(b) “Resort hotel” has the meaning ascribed to it in 41
NRS 463.01865. 42
(c) “Transportation network company” has the meaning 43
ascribed to it in NRS 706A.050. 44
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Sec. 2. NRS 598A.210 is hereby amended to read as follows: 1
598A.210 Except as otherwise provided in NRS 598A.430 [:] 2
and subsection 3 of NRS 598A.060: 3
1. Any person threatened with injury or damage to his or her 4
business or property by reason of a violation of any provision of this 5
chapter may institute a civil action or proceeding for injunctive or 6
other equitable relief, including, without limitation, a temporary 7
restraining order, a preliminary or permanent injunction, restitution 8
or disgorgement. If the court issues a permanent injunction, the 9
plaintiff shall recover reasonable attorney fees, together with costs, 10
as determined by the court. 11
2. Any person injured or damaged directly or indirectly in his 12
or her business or property by reason of a violation of the provisions 13
of this chapter may institute a civil action and shall recover treble 14
damages, together with reasonable attorney fees and costs. 15
3. Any person commencing an action for any violation of the 16
provisions of this chapter shall, simultaneously with the filing of 17
the complaint with the court, mail a copy of the complaint to the 18
Attorney General. 19
H