Antitrust action; construction; federal law.
When any provision of sections 59-801 to 59-831 and sections 84-211 to 84-214 or any provision of Chapter 59 is the same as or similar to the language of a federal antitrust law, the courts of this state in construing such sections or chapter shall follow the construction given to the federal law by the federal courts.
Source:Laws 1974, LB 1028, § 3; Laws 2002, LB 1278, § 18.
Because the remedial provisions of the Junkin Act and Clayton Act are so similar, this section requires Nebraska courts to follow the federal courts' construction of the Clayton Act. Kanne v. Visa U.S.A., 272 Neb. 489, 723 N.W.2d 293 (2006).
The purpose of this section is to achieve uniform application of the state and federal laws regarding monopolistic practices. The goal is to establish a uniform standard of conduct so that businesses will know what conduct is permitted and to protect the consumer from illegal conduct. Arthur v. Microsoft Corp., 267 Neb. 586, 676 N.W.2d 29 (2004).
Federal cases interpreting federal legislation which is nearly identical to a state act constitute persuasive authority. Heath Consultants v. Precision Instruments, 247 Neb. 267, 527 N.W.2d 596 (1995).