Sec. 7. (a) Any retailer may offer to sell or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article at cost to him as a retailer, as defined in section 2(i) of this chapter. Any distributor may offer to sell or sell cigarettes at a price made in good faith to meet the price of a competitor who is rendering the same type of service and is selling the same article at cost to him as a distributor, as defined in section 2(j) of this chapter. The price of cigarettes offered for sale or sold under the exceptions specified in section 6 of this chapter shall not be considered the price of a competitor and shall not be used as a basis for establishing prices below cost, nor shall the price established at a bankrupt sale be considered the price of a competitor within the purview of this section.
(b) In the absence of proof of the price of a competitor under this section, the lowest cost to the retailer or the lowest cost to the distributor, as the case may be, determined by any cost survey made pursuant to section 11 of this chapter, may be deemed the price of a competitor within the meaning of this section.
Formerly: Acts 1949, c.51, s.7. As amended by P.L.152-1986, SEC.38.
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