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Code · South Dakota · Title 37 · Chapter 37-10

37-10-16. Price reductions permitted to meet competition--Sales not in ordinary trade channels not considered.

160 words·~1 min read·/sd/title-37/chapter-37-10/37-10-16·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.
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