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Montana Title 16. Alcohol, Tobacco, and Marijuana § 16-10-203. Sales to meet competition permitted

Current as of January 01, 2024 | Updated by Findlaw Staff

(1)(a) A 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 at cost to the competitor as a retailer as prescribed in this chapter.

(b) 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 the competitor as a wholesaler as prescribed in this chapter.

(c) The price of cigarettes advertised, offered for sale, or sold under the exceptions specified in 16-10-304 may not be considered the price of a competitor and may not be used as a basis for establishing prices below cost, and the price established at a bankruptcy sale may not be considered the price of a competitor within the purview of this section.

(2) 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 wholesaler”, determined by any “cost survey” made pursuant to 16-10-303, may be considered to be the “price of a competitor” within the meaning of this section.

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Cite this article: FindLaw.com - Montana Title 16. Alcohol, Tobacco, and Marijuana § 16-10-203. Sales to meet competition permitted - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-16-alcohol-tobacco-and-marijuana/mt-st-16-10-203/

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