§ 24-3-2-7 — Sale to meet price of competitor

(a) Any retailer may 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 him as a retailer,
as defined in section 2(i) of this chapter. Any distributor may 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 him as a distributor, as defined in section 2(j)
of this chapter. The price of cigarettes offered for sale or sold under the
exceptions specified in section 6 of this chapter shall not be considered
the price of a competitor and shall not be used as a basis for
establishing prices below cost, nor shall the price established at a
bankrupt sale be considered the price of a competitor within the
purview of this section.
(b) 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
distributor, as the case may be, determined by any cost survey made
pursuant to section 11 of this chapter, may be deemed the price of a
competitor within the meaning of this section.
Formerly: Acts 1949, c.51, s.7. As amended by P.L.152-1986,
SEC.38.