Subdivision 1. Cost to wholesalers and retailers. In determining cost to the wholesaler and cost to the retailer the court shall receive and consider as bearing on the bona fides of such cost, evidence that any person complained against under any of the provisions of sections 325D.30 to 325D.42 purchased or sold the cigarettes involved in the complaint before the court, at a fictitious price, or upon terms, or in such a manner, or under such invoices, as to conceal the true cost, discounts, or terms of purchase or sale.
Subd. 2. Cost survey. Where a cost survey pursuant to recognized statistical and cost accounting practices has been made for the trading area in which a violation of sections 325D.30 to 325D.42 is committed or charged, to determine and establish the lowest cost to wholesalers or the lowest cost to retailers within the area, the cost survey shall be deemed competent evidence in any action or proceeding under sections 325D.30 to 325D.42 to establish actual cost to the wholesaler or actual cost to the retailer complained against. In such surveys to determine cost to the wholesaler or retailer there shall be included in the cost of doing business without limitation, labor, rent, depreciation, sales costs, compensation, maintenance of equipment, cartage, licenses, taxes, insurance, or other expenses.
1967 c 600 s 9; 1987 c 268 art 13 s 52
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 325D — Restraint Of Trade
Section 325D.01 — Definitions.
Section 325D.02 — Application.
Section 325D.03 — Discrimination Unlawful.
Section 325D.04 — Selling Below Cost Forbidden.
Section 325D.05 — Bankrupt Sales Not To Be Considered In Fixing Costs.
Section 325D.06 — Inapplicable Sales.
Section 325D.07 — Remedies Cumulative.
Section 325D.071 — Violations; Penalties.
Section 325D.072 — Injunctive Relief.
Section 325D.09 — Unlawful Trade Practices.
Section 325D.10 — Definitions.
Section 325D.11 — Certain Unlawful Trade Practices.
Section 325D.12 — Retailers Not To Misrepresent Nature Of Business.
Section 325D.13 — Quality, Misrepresented.
Section 325D.14 — Employer Not To Dispose Of Other Than Own Products.
Section 325D.15 — Violations; Restraining Orders.
Section 325D.16 — Application.
Section 325D.30 — Minnesota Unfair Cigarette Sales Act; Findings And Policy.
Section 325D.32 — Definitions.
Section 325D.33 — Sales At Less Than Cost; Penalty.
Section 325D.34 — Combination Sales.
Section 325D.35 — Sales By A Wholesaler To A Wholesaler.
Section 325D.36 — Sales Exceptions.
Section 325D.37 — Transactions Permitted To Meet Lawful Competition.
Section 325D.371 — Publication Of Cigarette Prices.
Section 325D.38 — Admissible Evidence.
Section 325D.39 — Sales Outside Ordinary Channels Of Business; Effect.
Section 325D.405 — Investigations.
Section 325D.415 — Cigarette Distributor Fees.
Section 325D.42 — Partial Unconstitutionality.
Section 325D.421 — Unlawful Cigarette Trade Practices.
Section 325D.43 — Definitions.
Section 325D.44 — Deceptive Trade Practices.
Section 325D.46 — Application.
Section 325D.47 — Uniformity Of Application And Construction.
Section 325D.50 — Definitions.
Section 325D.51 — Unreasonable Restraint Of Trade Or Commerce.
Section 325D.52 — Establishment, Maintenance, Or Use Of Monopoly Power.
Section 325D.53 — Prohibited Contracts, Combinations, And Conspiracies.
Section 325D.54 — Scope Of Act.
Section 325D.56 — Penalties For Violation.
Section 325D.58 — Injunctive Relief.
Section 325D.59 — Authority Of The Attorney General.
Section 325D.60 — Forfeiture Of Charter Rights And Privilege To Do Business.
Section 325D.62 — Judgment In Favor Of State As Prima Facie Evidence.
Section 325D.63 — Notification Of Civil Action.
Section 325D.64 — Statute Of Limitations.
Section 325D.66 — Action Not Barred As Affecting Or Involving Interstate Or Foreign Commerce.
Section 325D.68 — Monopolization Of Food Products.
Section 325D.71 — Unlawful Gasoline Sales.
Section 325D.72 — Bad Faith Assertions Of Patent Infringement.