§ 51:124 — Competitor, agreements discriminating against; manuals

A. No person, engaged in commerce shall, in the course of such commerce, lease, sell, or contract for the sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented, for use, consumption, or resale within this state, or fix a price, discount, or rebate on the condition, agreement, or understanding that the purchaser or lessee shall not use or deal in the goods, wares, merchandise, machinery, or other commodities of a competitor of the vendor or lessor, where the effect of the sale, contract for sale, or lease, or the condition, agreement, or understanding is to substantially lessen competition or tends to create a monopoly in any line of commerce.
B. No person engaged in commerce shall, in the course of such commerce in connection with or pursuant to the sale of machines and equipment intended for commercial use, refuse to furnish in connection with and as part of such sales, manuals containing diagrams, instructions and parts lists sufficient to permit the user of the machines and equipment to repair the machines and equipment where such refusal compels the user to obtain repair services from the seller and tends to lessen competition or create a monopoly in any line of commerce. This subsection shall in no manner be applicable to machines and equipment sold for personal use.
C. Definitions. As used in this section:
(1) The term "personal use" shall include any goods, wares, merchandise, machinery, equipment, supplies or other commodities sold primarily for a personal, family or household use.
(2) The term "commercial use" shall include any goods, wares, merchandise, machinery, equipment, supplies, or other commodities sold for the exclusive use in and around an office, plant, factory, store, or any other commercial establishment.

Legislative History

Amended by Acts 1970, No. 669, §1.