§ 16-10-203

16-10-203. Sales to meet competition permitted. (1) (a) A retailer may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article at cost to the competitor as a retailer as prescribed in this chapter. (b) Any wholesaler may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is rendering the same type of service and is selling the same article at cost to the competitor as a wholesaler as prescribed in this chapter. (c) The price of cigarettes advertised, offered for sale, or sold under the exceptions specified in 16-10-304 may not be considered the price of a competitor and may not be used as a basis for establishing prices below cost, and the price established at a bankruptcy sale may not be considered the price of a competitor within the purview of this section. (2) In the absence of proof of the 'price of a competitor' under this section, the 'lowest cost to the retailer' or the 'lowest cost to the wholesaler', determined by any 'cost survey' made pursuant to 16-10-303, may be considered to be the 'price of a competitor' within the

n, the 'lowest cost to the retailer' or the 'lowest cost to the wholesaler', determined by any 'cost survey' made pursuant to 16-10-303, may be considered to be the 'price of a competitor' within the meaning of this section. History: En. Sec. 7, Ch. 258, L. 1965; R.C.M. 1947, 51-308; amd. Sec. 209, Ch. 56, L. 2009.