South Carolina § 39-3-150 Conspiracy to form monopoly; exemptions for motor fuel sales to meet existing competition; records to support exemption.

South Carolina Statutes

§ 39-3-150 — Conspiracy to form monopoly; exemptions for motor fuel sales to meet existing competition; records to support exemption.

South Carolina § 39-3-150

Title 39TRADE AND COMMERCE

Ch. 3TRUSTS, MONOPOLIES, AND RESTRAINTS OF TRADE

This text of South Carolina § 39-3-150 (Conspiracy to form monopoly; exemptions for motor fuel sales to meet existing competition; records to support exemption.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 39-3-150 (2026).

Text

(A)If any person engaged in the manufacture, sale, or distribution of any commodity in general use in this State shall, with the intent or purpose of driving out competition or for the purpose of financially injuring competitors, sell at less than cost of manufacture or at less than the cost of such commodity bought in the open markets plus the freight and other charges to point of destination or give away such product for the purpose of driving out competition or financially injuring any competitor engaged in the manufacture, sale, or distribution of such commodity in this State, such person shall be guilty of a conspiracy to form or secure a trust or monopoly in restraint of trade and of unfair discrimination, which is prohibited and declared to be unlawful. Any person violating any of

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(A) If any person engaged in the manufacture, sale, or distribution of any commodity in general use in this State shall, with the intent or purpose of driving out competition or for the purpose of financially injuring competitors, sell at less than cost of manufacture or at less than the cost of such commodity bought in the open markets plus the freight and other charges to point of destination or give away such product for the purpose of driving out competition or financially injuring any competitor engaged in the manufacture, sale, or distribution of such commodity in this State, such person shall be guilty of a conspiracy to form or secure a trust or monopoly in restraint of trade and of unfair discrimination, which is prohibited and declared to be unlawful. Any person violating any of the provisions of this section and any officer, agent, or receiver of any firm, company, association, or corporation or any member thereof or any individual guilty of a violation of this section shall be liable for a penalty of not less than five hundred dollars nor more than five thousand dollars to be recovered at the suit of the State in the court of common pleas of any county. The Attorney General may allow one-half of the penalties provided in this section to anyone who may conduct the suit and the Attorney General shall be authorized to proceed as provided in this article to enforce the provisions hereof. Each sale so proven under the provisions of this section shall be considered a separate offense. (B) Sales of motor fuel in general use in this State at wholesale or retail at a price to meet existing competition which is below the actual cost of acquiring the product, including transportation and taxes, are exempt from the provisions of this section, provided that any person claiming the exemption shall keep and maintain records substantiating his effort to meet this competition, including the identity and place of business of the competitors whose competition that person is meeting. The records must be made available to the Department of Consumer Affairs and the Attorney General on request made in connection with any investigation of a possible violation of this section by the department or the Attorney General.

Legislative History

HISTORY: 1962 Code SECTION 66-65; 1952 Code SECTION 66-65; 1942 Code SECTION 6626; 1932 Code SECTION 6634; Civ. C. '22 SECTION 3544; Civ. C. '12 SECTION 2451; 1902 (23) 1057; 1927 (35) 115; 1993 Act No. 161, SECTION 3, eff sixty days after approval (approved June 15, 1993). Effect of Amendment The 1993 amendment designated the existing material subsection (A) and added subsection (B).