Sec. 3. (a) It is a Class A infraction for a retailer or distributor, with intent to injure competitors or destroy or substantially lessen competition, to offer to sell or sell at retail or wholesale cigarettes at less than the cost to him. The registration certificate held by such a distributor under IC 6-7-1 may be revoked by the department for the balance of the term thereof.
(b) Evidence of offering to sell or sale of cigarettes by any retailer or distributor at less than the cost to him is prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.
(c) Notwithstanding IC 34-28-5-5(c), a judgment for a violation of this section shall be deposited in the enforcement and administration fund established under IC 7.1-4-10-1.
Formerly: Acts 1949, c.51, s.3. As amended by Acts 1978, P.L.2, SEC.2408; P.L.252-2003, SEC.13.
Structure Indiana Code
Chapter 2. Cigarette Fair Trade Act
24-3-2-1. Declaration of Policy
24-3-2-3. Sale at Less Than Cost; Penalty
24-3-2-4. Sale of Multiple Items at Combined Price
24-3-2-5. Cost to the Distributor; Further Definition
24-3-2-7. Sale to Meet Price of Competitor
24-3-2-8. Contract in Violation of Chapter; Contract
24-3-2-9. Evidence to Establish Cost
24-3-2-10. Evidence of Price Outside Ordinary Channels of Trade