§ 51-10-03 — Unfair advertising, offer to sell, or sale

Any advertising, offer to sell, or sale of any merchandise, either by retailers or wholesalers,
at less than cost as defined in this chapter, which has the intent or the effect of inducing the

purchase of other merchandise or of unfairly diverting trade from a competitor or otherwise
injuring a competitor, impairs and prevents fair competition, injures public welfare, and is unfair
competition and contrary to public policy and the policy of this chapter, if the result of such
advertising, offer, or sale is to tend to deceive any purchaser or prospective purchaser, or
substantially to lessen competition, or unreasonably to restrain trade, or to tend to create a
monopoly in any line of commerce.