2005 Connecticut Code - Sec. 35-45. Price discrimination prohibited in commercial transactions. Rebuttal of prima-facie case.
Sec. 35-45. Price discrimination prohibited in commercial transactions. Rebuttal of prima-facie case. (a) No person engaged in commerce, in the course of such
commerce, either directly or indirectly, shall discriminate in price between different
purchasers of commodities of like grade and quality, where either or any of the purchases
involved in such discrimination are in commerce, where such commodities are sold for
use, consumption or resale within Connecticut, and where the effect of such discrimination may be to lessen competition or tend to create a monopoly in any line of commerce,
or to injure, destroy or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them;
provided nothing herein contained shall prevent differentials which only make due allowance for differences in the cost of manufacture, sale, or delivery resulting from the
differing methods or quantities in which such commodities are sold or delivered to
such purchasers; or prevent persons engaged in selling goods, wares or merchandise in
commerce from selecting their own customers in bona fide transactions and not in restraint of trade; or prevent price changes from time to time in response to changing
conditions affecting the market for or the marketability of the goods concerned, such
as, but not limited to, actual or imminent deterioration of perishable goods, obsolescence
of seasonal goods, distress sales under court process or sales in good faith in discontinuance of business in the goods concerned.
(P.A. 73-668, S. 1; P.A. 74-102.)
History: P.A. 74-102 added Subsec. (b) re burden of proof.
