§ 51:422 — Sales at less than cost unlawful

Louisiana § 51:422

• Jurisdiction: Louisiana
• Title 51: Trade and Commerce

Text

§422. Sales at less than cost unlawful
A. Any advertising, offer to sell, or sale of any merchandise, either by
retailers or wholesalers, at less than cost as defined by this Subpart plus any
state, county or municipal sales tax that is then payable under any existing law
or ordinance, with the intent or effect of inducing the purchase of other
merchandise or of unfairly diverting trade from a competitor or impairing fair
competition and thus injuring public welfare, is unfair competition and
contrary to and violative of public policy as expressed in this Subpart, where
the result of such advertising, offer or sale is to tend to deceive any purchaser
or prospective purchaser, or to substantially lessen competition, or to
unreasonably restrain trade, or to tend to create monopoly in any line of
commerce.
B. Any sale, transfer or exchange between wholesale outlets or
between retail outlets or between wholesale and retail outlets operating a
separate business or under a separate name at a price less than the minimum
herein prescribed, either through the allowance of a discount or by the payment
of a commission or through any other device used to reduce the minimum price
shall constitute a violation of this Subpart.
C. Any wholesaler or retailer who furnishes labor or services to a
purchaser to aid or assist in the conduct of the purchaser's business shall be
deemed to be in violation of this Subpart where the value of the services
reduces the selling price of any given commodity below the minimum price as
herein established, and this provision shall be effective irrespective of whether
or not the person or persons performing such services be in the employ of the
seller.

Legislative History

Amended by Acts 1952, No. 181, §1; Acts 1956, No. 121, §1.