It is a defense to any action under this act [57-14-1 to 57-14-9 NMSA 1978] to show that the seller's lower price, payment or furnishing of services or facilities to any purchaser, was made in good faith to meet equally low prices of a competitor or the services or facilities furnished by a competitor.
History: 1953 Comp., § 49-11-4, enacted by Laws 1961, ch. 229, § 4.
"Good faith" as a defense. — It is a defense to an action alleging price discrimination under the New Mexico Price Discrimination Act (57-14-1 to 57-14-9 NMSA 1978) to show that defendants acted in "good faith" and did not intend their actions to create a monopoly or to unlawfully discriminate against a competitor. Jay Walton Enters., Inc. v. Rio Grande Oil Co., 1987-NMCA-070, 106 N.M. 55, 738 P.2d 927, cert. denied, 106 N.M. 7, 738 P.2d 125.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Meeting competition defense under § 2(b) of Clayton Act, as amended by Robinson-Patman Act (15 U.S.C.A. § 13(b)), 164 A.L.R. Fed. 633.
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