jurisdiction to prevent and restrain violations of this act. Any person shall be entitled to sue for and have injunctive relief in any court of competent jurisdiction against any threatened loss or injury by reason of a violation of this act without being compelled to allege or prove that an adequate remedy at law does not exist. (Id.)

Sec. 1463 (6). Exemptions.-The provisions of this act shall not apply to sales at retail or sales at wholesale (a) where merchandise is sold in bona fide clearance sales, if advertised, marked and sold as such; (b) where the merchandise is fresh fruits or fresh vegetables or farm products when the sales are made by the producers thereof, or where perishable merchandise must be sold promptly in order to forestall loss; (c) where merchandise is imperfect or damaged, or is being discontinued and is advertised, marked, and sold as such; (d) where merchandise is sold upon the final liquidation of any business; (e) where merchandise is sold for charitable purposes or to relief agencies; (f) where merchandise is sold on contract to departments of governments or governmental institutions; (g) where the price of merhandise is made in good faith to meet lawful competition; (h) where sales are made by one wholesaler to another wholesaler or by one retailer to another retailer for the purpose of accommodation; (i) where merchandise is sold by any officer acting under the order or direction of any court, or by any fiduciary, or by any trustee in a deed of trust or deed of assignment for the benefit of creditors: Provided, however, Nothing in this act shall be construed to apply to fertilizer companies or their agents, or persons, or companies buying goods from fertilizer companies for the purpose of selling at retail. (Id.)

C. ANTIDISCRIMINATION LEGISLATION

1. General Prohibitory Laws

Code Ann. (Michie and Sublett, 1936)

Sec. 4722 (8). Agreements in leases or sales which may substantially lessen competition or create a monopoly unlawful; what discrimination permitted.-It shall be unlawful for any per son engaged in business within this State, in the course of such business, to lease or make sale, or contract for sale, of goods, wares, merchandise. machinery, supplies, or other commodities for use, consumption or resale within this State, or to fix the price therefor, or discount from, or rebate upon such prices on the agreement or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, or merchandise, machinery, supplies, or other commodities of a competitor or competitors of the lessor or seller, where the effect of such

lease, sale, or contract for sale of such goods, wares, and merchandise may be to substantially lessen competition, or to create a monopoly in any lines of business (but nothing contained in this act shall apply to discriminations in price between purchasers of commodities on account of differences in grade, quality, or quantity (provided such differences. shall be reasonable) of the commodity sold, or only to make allowance for differences in the cost of transportation or to discriminate in price. in the sale of different commodities made in good faith to meet competition; nor shall it prevent persons selling goods or merchandise from selecting their own customers in bona fide transactions and not in restraint of trade.) (L. 1919, p. 82.)

See MARKETING LAWS SURVEY volume: State Antitrust Laws: General Anti-Trust Laws for definitions and penalty provisions.

2. Special Prohibitory Laws

No provisions.

WASHINGTON

REGULATION OF PRICE COMPETITION

1

A. RESALE PRICE MAINTENANCE 1

Rev. Stat. Ann. (Remington, Supp., 1939)

Sec. 5854-11. "Fair Trade Act"-Citation.-This act may be known and cited as the "Fair Trade Act." (L. 37, ch. 176, sec. 1, p. 684.)

Sec. 5854-12. Sale and resale agreements respecting trademarked or trade-named articles.-No contract relating to the sale or resale of a commodity which bears, or the label or container of which bears, or the label or content of which bears, or the vending equipment through which such commodity is sold bears, the trademark, brand, or name of the producer or owner of such commodity and which is in free and open competition with commodities of the same general class produced by others shall be deemed in violation of any law of the State of Washington by reason of any of the following provisions which may be contained in such contract:

1. That the buyer will not resell such commodity except at the price stipulated by the vendor.

2. That the vendee or producer require in delivery to whom he may resell such commodity to agree that he will not, in turn resell except at the price stipulated by such vendor or by such vendee.

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 owners' stock for the purpose of discontinuing dealing in any such commodity: Provided, however, That such stock

'A contract fixing the resale price of a commodity is valid where the price fixed is reasonable and the plaintiff did not have a monopoly of the trade in the particular commodity. The court stated that the resale price restriction was merely ancillary to the contract for the sale of the commodity and was necessary to protect the goodwill of the manufacturer. Fisher Flouring Mills v. Sicanson, 76 Wash. 649, 137 Pac. 144 (1913).

is first offered to the producer of such commodity at the original invoice stock price, at least ten (10) days before such stock shall be offered for sale to the public.

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

3. By any officer acting under the orders of any court. (L. '37, ch. 176, sec. 2, p. 684.)

Sec. 5854-13. Unlawful advertisements or sales in violation of agreement.—Wilfully and knowingly advertising, offering for sale, or reselling any commodity at less than the price stipulated in any contract entered into pursuant to the provision of section 1 of this act, whether the person so advertising, offering for sale, or selling is or is not a party to such contract, is unfair competition and is actionable at the suit of any person damaged thereby. (L. '37, ch. 176, sec. 3, p. 685.)

Sec. 5854-14. Application of act-Agreements affected.-This act shall not apply to any contract or agreement between producers or between wholesalers or between retailers as to sale or resale prices. (L. '37, ch. 176, sec. 4, p. 685.)

Sec. 5854-15. Definitions of terms.-The following terms, as used in this act, are hereby defined as follows:

"Producer" means grower, baker, maker, manufacturer, publisher.

or

"Commodity" means any subject of commerce. (L. '37, ch. 176, sec. 5, p. 686.)

Sec. 5854-16. Partial invalidity of act.-If any provision of this act is declared unconstitutional it is the intent of the Legislature that the remaining portions thereof shall not be affected but that such remaining portions remain in full force and effect. (L. '37, ch. 176, sec. 6, p. 686.)

B. PROHIBITION OF SALES BELOW COST

Rev. Stat. Ann. (Remington, Supp. 1939)
Unfair Practices Act

Section 5854-21. Definitions.-As used in this act, words and terms are defined as follows:

"Person" includes any person, firm, association, organization, partnership, business trust, company, corporation, or municipal or other public corporation;

"Sell" includes selling, offering for sale, or advertising for sale; "Give" includes giving, offering to give or advertising for the intent to give;