37-10-16. Price reductions permitted to meet competition--Sales not in ordinary trade channels not considered.
Any retailer may advertise, 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 in this state at cost to him as a retailer as prescribed in this chapter. Any wholesaler may advertise, 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 wholesaler as prescribed in this chapter. The price of cigarettes advertised, offered for sale, or sold under the exceptions specified in §§37-10-18 to 37-10-22, inclusive, 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 bankruptcy sale be considered the price of a competitor within the meaning of this section.
Source: SL 1966, ch 157, §9 (1).
Structure South Dakota Codified Laws
Chapter 10 - Unfair Cigarette Sales
Section 37-10-1 - Definition of terms.
Section 37-10-4 - Sales between wholesalers permitted at less than cost--Basic cost to be charged.
Section 37-10-5 - Computation of cost to retailer--Expenses included.
Section 37-10-6 - Presumption as to cost of doing business by retailer.
Section 37-10-7 - Wholesaler's costs added when retailer purchases from manufacturer.
Section 37-10-8 - Presumption as to cost of doing business by retailer purchasing from manufacturer.
Section 37-10-9 - Computation of cost to wholesaler--Expenses included.
Section 37-10-10 - Presumption as to cost of doing business by wholesaler--Cartage costs.
Section 37-10-11 - Purchases outside ordinary trade channels not considered in determining costs.
Section 37-10-12 - Cost survey as evidence of cost to retailer or wholesaler.
Section 37-10-13 - Tie-in sale at less than value of other goods deemed rebate or concession.
Section 37-10-15 - Promotional merchandise not considered in determining cost.
Section 37-10-17 - Cost survey price considered competitive price.
Section 37-10-18 - Isolated transactions exempt from chapter.
Section 37-10-19 - Damaged merchandise sales exempt from chapter--Notice to customer.
Section 37-10-20 - Clearance sales exempt from chapter--Notice to customer.
Section 37-10-21 - Liquidation sales exempt from chapter.
Section 37-10-22 - Sales by officer acting under court order exempt from chapter.
Section 37-10-25 - Contracts in violation void--Recovery prohibited.
Section 37-10-26 - Promulgation of rules--Cost survey.
Section 37-10-27 - Duty to enforce chapter--Employment of personnel.
Section 37-10-28 - Powers vested in secretary available for enforcement of chapter.
Section 37-10-29 - Suspension or revocation of license under cigarette tax law.
Section 37-10-30 - Disciplinary proceedings not abated by expiration or renewal of license.
Section 37-10-31 - Procedure for suspension or revocation of license.
Section 37-10-32 - Periods of suspension of license--Revocation for persistent violations.
Section 37-10-33 - Appeal to courts from secretary of revenue.
Section 37-10-34 - Sales prohibited during suspension or revocation of license.
Section 37-10-35 - Reinstatement of revoked license.
Section 37-10-36 - Injunction proceedings to prevent violations of chapter.
Section 37-10-37 - Damages recovered in injunction proceeding.
Section 37-10-38 - Action for damages without injunction.
Section 37-10-39 - Severability of provisions--Severability from other laws.