§ 6-2-103 — Discriminatory sales - exceptions

Colorado § 6-2-103

• Jurisdiction: Colorado
• Title 06: Consumer
• Art.: Unfair Practices Act

Text

(1) It is unlawful for any person,
firm, or corporation doing business in the state of Colorado and engaged in the
production, manufacture, distribution, or sale of any commodity, product, or service
of general use or consumption, or the sale of any merchandise or product by any
public utility, with the intent to destroy the competition of any regular established
dealer in such commodity, product, or service, or to prevent the competition of any
person, firm, private corporation, or municipal or other public corporation that in
good faith intends and attempts to become a dealer, to discriminate between
different sections, communities, or cities, or portions thereof, or between different
locations in such sections, communities, cities, or portions thereof in this state by
selling or furnishing a commodity, product, or service at a lower rate in one section,
community, or city, or any portion thereof, or in one location in such section,
community, or city, or any portion thereof than in another after making allowance
for the difference, if any, in the grade or quality, quantity, and actual cost of
transportation from the point of production, if a raw product or commodity, or from
the point of manufacture, if a manufactured product or commodity. Motion picture
films when delivered under a lease to motion picture houses shall not be deemed to
be a commodity or product of general use or consumption.

(2) Nothing in this article shall be construed to affect or apply to any service
or product sold, rendered, or furnished by any public utility, the sale, rendition, or
furnishing of which is subject to regulation by the Colorado public utilities
commission or by any municipal regulatory body. This article shall not be construed
to prohibit the meeting in good faith of a competitive rate.

(3) The inhibition in this section against locality discrimination shall embrace
any scheme of special rebates, collateral contracts, or any device of any nature
whereby such discrimination is, in substance or fact, effected in violation of the
spirit and intent of this article.

(4) It is an unfair trade practice for any person, firm, or corporation doing
business in this state and engaged in the production, manufacture, or distribution of
either written or printed material or motion pictures to require a buyer or lessee, as
a condition of the purchase or lease of such material or motion pictures, to accept
other material or motion pictures which the buyer or lessee deems objectionable
and written objection is made thereto by such buyer or lessee to the seller or lessor
of said material or motion pictures within thirty days after delivery to said buyer or
lessee. If such written objection is made within the time provided in this subsection
(4), and the seller or lessor does not, within ten days of the receipt of said objection,
repurchase or recall such objectionable material or motion pictures from the buyer
or lessee, all the remedies provided in this article shall be applicable against said
seller or lessor. The provisions of this subsection (4) shall apply whether the
material or motion pictures are acquired by the buyer or lessee for resale, sublease,
or for any other purpose.

Legislative History

Source: L. 37: p. 1280, � 1. CSA: C. 48, � 302(1). L. 41: p. 820, � 1. L. 49: p. 342, � 1. CRS 53: � 55-2-1. C.R.S. 1963: � 55-2-1. L. 69: p. 368, � 1. L. 2007: (1) amended, p. 513, � 1, effective April 16.