Sec. 4395. Enforcement.-It shall be the duty of the district attorneys, in their several judicial districts, throughout the State, to enforce the provisions of the preceding sections of this act, by appropriate actions and prosecutions in the several courts of the State of competent criminal jurisdiction, and of the attorney general, in all such cases, when carried by appeal or otherwise to the supreme court of this State, or to any other court of this State or of the United States; and that it shall also be the duty of the attorney general of the State, whether requested or directed to do so by the Governor or by the general assembly of the State or not, to enforce all the foregoing provisions of this act by appropriate actions and proceedings of a civil nature in such court or courts of the State as may have jurisdiction in such cases, and as is hereinafter provided. (Id. sec. 4.)

Sec. 4936. Complaints.-If any complaint be made to the secretary of state that any corporation, authorized to do business in this State is guilty of unfair discrimination within the terms of this act, it shall be the duty of the secretary of state to refer the matter to the attorney general who shall examine into said complaint and if the facts justify it, in his judgment, shall institute proceedings in the courts against such corporation. (Id. sec. 5.)

Sec. 4937. Revocation of permit.-If any corporation, foreign or domestic, authorized to do business in this State, or any officer, agent, or receiver, of any such corporation, is found guilty of unfair discrimination as defined by this act, it shall be the duty of the secretary of state immediately to revoke the permit or license of such corporation to do business in this State. (Id. sec. 6.)

Sec. 4938. Ouster.-In all cases where a corporation may have been convicted of the violation of the provisions of this act, and it shall continue or attempt to do business thereafter in this State, it shall be the duty of the attorney general of the State, by a proper suit, in the name of the State, to oust such corporation from all business of every kind and character in the State of Louisiana. (Id. sec. 7.)

Sec. 4939. Penalties cumulative. The remedies and penalties provided in this act shall be cumulative to each other and to all other remedies and penalties provided by law. (Id. sec. 8.) 1

No provisions.

2. Special Prohibitory Laws

'Acts 1908, No. 128, sec. 9 provides for the repeal of all laws or parts of laws in conflict therewith.

MAINE

REGULATION OF PRICE COMPETITION

A. RESALE PRICE MAINTENANCE

L. 1937, c. 204

Sec. 1. Certain contracts not invalid.-A. No contract, relating to the sale or resale of a commodity which bears, or the label or content of which bears (or the vending equipment from which said commodity is sold to consumers bears), the trade-mark, brand, or name of the producer or owner of such commodity, and which is in fair and open competition with commodities of the same general class produced by others, shall be deemed in violation of any law of the State by reason of any of the following provisions which may be contained in such contract:

(1) That the buyer will not resell such commodity at less than the minimum price stipulated by the vendor.

(2) That the producer or vendee of a commodity require upon the sale of such commodity to another, that such purchaser agree that he will not, in turn, resell such commodity at less than the minimum price stipulated by such producer or vendee.

B. Such provisions in any contract shall be deemed to contain or imply conditions that such commodity may be resold without reference to such agreement in the following cases:

(1) In closing out the owner's stock for the purpose of discontinuing delivery of any such commodity: Provided, however, That such stock is first offered to the manufacturer of such stock at the original invoice price, at least 10 days before such stock shall be offered for sale to the public.

(2) When the goods are damaged or deteriorated in quality, and notice is given to the public thereof.

(3) When any officer is acting under the orders of any court.

'Amended to include vending equipment, L. 1939, c. 83, sec. 52.

Sec. 2. Unfair competition defined.-Wilfully and knowingly advertising, offering for sale, selling or disposing of any commodity at less than the price stipulated in any contract entered into pursuant to the provisions of section 1, whether the person so advertising. offering for sale, selling, or disposing of is or is not a party to such contract, is unfair competition and is actionable at the suit of any person injured thereby.

Sec. 3. Limitation. This act shall not apply to any contract or agreement between producers or between wholesalers, or between retailers as to sale or resale prices.

Sec. 4. Injunction and recovery of damages provided for.-Any person, firm, corporation, or incorporated trade association may maintain an action in the supreme judicial or superior court to enjoin a continuance of any act or acts in violation of section 2 of this act, and, if injured thereby, for the recovery of damages. If, in such action the court shall find that the defendant is violating or has violated any of the provisions of section 2 of this act, it shall enjoin the defendant from a continuance thereof. It shall not be necessary that actual damages to the plaintiff be alleged or proved. In addition to such injunctive relief, the such plaintiff shall be entitled to recover from the defendant 3 times the amount of the actual damages, if any, sustained.

Sec. 5. Title.-This act may be known and cited as the "Fair Trade Act."

B. PROHIBITION OF SALES BELOW COST

L. 1939, c. 240

Unfair Practices Act

Section 1. Definitions.-(a) The term "cost to the retailer" shall mean the invoice cost of the merchandise to the retailer within 30 days prior to the date of sale, or the replacement cost of the merchandise to the retailer within 30 days prior to the date of sale, in the quantity last purchased, whichever is lower; less all trade discounts except customary discounts for cash; to which shall be added (1) freight charges not otherwise included in the cost of the merchandise, (2) cartage to the retail outlet if performed or paid for by the retailer, which cartage cost shall be deemed to be 34 of 1 percent of the cost of the merchandise to the retailer, unless said retailer claims and proves a lower cartage cost, and (3) a mark-up to cover in part the cost of doing business, which mark-up in the absence of proof of a lesser cost, shall be 6 percent of the total cost at the retail outlet;

(b) The term "cost to the wholesaler" shall mean the invoice cost of the merchandise to the wholesaler within 30 days prior to the date of sale, or the replacement cost of the merchandise to the wholesaler within 30 days prior to the date of sale, in the quantity last purchased, whichever is lower; less all trade discounts except customary discounts for cash; to which shall be added (1) freight charges not otherwise included in the cost of the merchandise, and (2) cartage to the retail outlet if performed or paid for by the wholesaler, which cartage cost shall be deemed to be 34 of 1 percent of the cost of the merchandise to the wholesaler, unless said wholesaler claims and proves a lower cartage cost, and (3) a mark-up to cover in part the cost of doing business, which mark-up in the absence of proof of a lesser cost, shall be 2 percent of the total cost at the wholesale establishment;

(c) Where two or more items are advertised, offered for sale, or sold at a combined price, the price of each such item shall be determined in the manner set forth in paragraphs (a) and (b);

(d) The terms "cost to the retailer" and "cost to the wholesaler" as defined in said paragraphs (a) and (b) shall mean bona fide costs; and sales to consumers, retailers, and wholesalers at prices which cannot be justified by existing market conditions within this State shall not be used as a basis for computing replacement costs with respect to sales by retailers and wholesalers;

(e) The terms "sell at retail," "sales at retail," and "retail sale" shall mean and include any transfer of title to tangible personal property for a valuable consideration made, in the ordinary course of trade or in the usual prosecution of the seller's business, to the purchaser for consumption or use other than resale or further processing or manufacturing. The terms "sell at wholesale," "sales at wholesale," and "wholesale sale" shall mean and include any such transfer of title to tangible personal property for the purpose of resale or further processing or manufacturing. In this and in the preceding paragraph the above terms shall include any such transfer of property where title is retained by the seller as security for the payment of the purchase price;

(f) The term "retailer" shall mean and include every person, copartnership, corporation, or association engaged in the business of making sales at retail within this State: Provided, That in the case of a retailer engaged in the business of making sales both at retail and at wholesale, such term shall be applied only to the retail portion of such business; and

(g) The term "wholesaler" shall mean and include every person, copartnership, corporation, or association engaged in the business of

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