37-1002 — DISCRIMINATION BY SELLING AT LOWER PRICE -- UNFAIR DISCRIMINATION DEFINED
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TITLE 37
FOOD, DRUGS, AND OIL
CHAPTER 10
DISCRIMINATION AND UNFAIR
COMPETITION IN BUYING AND
SELLING DAIRY PRODUCTS
37-1002. DISCRIMINATION BY SELLING AT LOWER PRICE -- UNFAIR
DISCRIMINATION DEFINED. Any person, firm, corporation or other organization,
foreign or domestic, doing business in this state and engaged in the
manufacture or distribution of any dairy product, that shall intentionally,
for the purpose of destroying the competition of any regular, established
dealer in such commodity or to prevent competition of any person who, in good
faith, intends or attempts to become such dealer, discriminate between
different sections, communities, towns, villages or cities of this state, by
selling such commodity at a lower rate in one (1) section, community, town,
village, or city, or any portion thereof, than such person, firm, corporation,
or other organization, foreign or domestic, charges for such commodity in
another section, community, town, village or city, after making due allowance
for the difference, if any, in the cost of transportation from the point of
production, if a raw product, or from the point of manufacture, if a
manufactured product, shall be guilty of unfair discrimination which is hereby
prohibited and declared unlawful. Any person, firm, corporation or other
organization, foreign or domestic, doing business in this state and engaged in
the purchase, sale, manufacture or distribution of any dairy product, that
shall pay a price for any dairy product or do any act with the intention or
for the purpose of creating a monopoly, or destroying the business of a
competitor in any locality, or restraining trade or preventing, stifling or
limiting competition by any person in such business or who in good faith
intends or attempts to engage in such business, shall be guilty of unfair
discrimination which is hereby prohibited and declared unlawful.