Sec. 302 (6). When provisions not applicable.-The provisions of sections 302 (3), 302 (4), 302 (5) shall not apply to any sale made: (a) In closing out in good faith the owner's stock or any part thereof for the purpose of discontinuing his trade in any such stock or commodity, and in the case of the sale of seasonal goods or to the bona fide sale of perishable goods to prevent loss to the vendor by spoilage or depreciation, provided notice is given to the public thereof; (b) When the goods are damaged or deteriorated in quality, and notice is given to the public thereof; (c) By an officer acting under the orders of any court; (d) In an endeavor made in good faith to meet the legal prices of a competitor as herein defined selling the same article or product, or service or output of a service trade, in the same locality or trade area. Any person, firm, or corporation who performs work upon, renovates, alters, or improves any personal property belonging to another person, firm, or corporation, shall be construed to be a vendor with (within) the meaning of this act. Sec. 302 (7). Secret rebates, etc.-The secret payment or allowance of rebates, refunds, commissions, or unearned discounts, whether in the form of money or otherwise, or secretly extending to certain purchasers special services or privileges not extended to all purchasers purchasing upon like terms and conditions, to the injury of a competitor and where such payment or allowance tends to destroy competition, is an unfair trade practice and any person, firm, partnership. corporation, or association resorting to such trade practice shall be deemed guilty of a misdemeanor and on conviction thereof shall be subject to the penalties set out in section 302 (11) of this act. Sec. 302 (2). Responsibility of agent.-Any person who, either as director, officer, or agent of any firm or corporation or as agent of any person, violating the provisions of this act, assists or aids, directly or indirectly, in such violation shall be responsible therefor equally with the person, firm, or corporation for whom or which he acts. In the prosecution of any person as officer, director or agent, it shall be sufficient to allege and prove the unlawful intent of the person, firm, or corporation for whom or which he acts. Sec. 302 (8). Duty of Attorney General to institute suits.— Upon the third violation of any of the provisions of sections 302 (1) (7), inclusive, of this subdivision by any corporation, it shall be the duty of the attorney general to institute proper suits or quo warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter, rights, franchises, or privileges and powers exercised by such corporation, and to permanently enjoin it from transacting business in this State. If in such action the court shall find that such corporation is violating or has violated any of the provisions of sections 302 (1) (7), inclusive, of this subdivision, it must enjoin said corporation from doing business in this State permanently or for such time as the court shall order, or must annul the charter, or revoke the franchise of such corporation. Sec. 302 (9). Contracts made in violation of subdivision illegal.-Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of sections 302 (1) (7), inclusive, of this subdivision is declared to be an illegal contract and no recovery thereon shall be had, provided, no part of this act shall prevent the payment of patronage refunds by cooperative agencies or associations existing and operating under the laws of this State. Sec. 302 (10). When court shall enjoin.—Any person, firm, private corporation, or municipal or other public corporation, or trade association, may maintain an action to enjoin a continuance of any act or acts in violation of sections 302 (1) (7), inclusive, of this subdivision, 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 sections 302 (1) (7), inclusive, of this subdivision, 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 plaintiff in said action shall be entitled to recover from the defendant three times the amount of the actual damages, if any, sustained. Sec. 302 (11). Violation of subdivision-Penalty.-Any person, firm, or corporation, whether as principal, agent, officer, or director, for himself, or itself, or for another person, or for any firm or corporation, or any corporation, who or which shall violate any of the provisions of section 302 (1) (7), inclusive, of this subdivision, is guilty of a misdemeanor for each single violation and upon conviction thereof, shall be punished by a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars, or by imprisonment not exceeding six months or by both said fine and imprisonment, in the discretion of the court. C. ANTIDISCRIMINATION LEGISLATION 1. General Prohibitory Laws Stat. Ann. (Michie, Supp.), 1939, c. 48 Section 302 (1). Unlawful discriminations.-It shall be unlawful for any person, firm, or corporation, doing business in the State of Colorado and engaged in the production, manufacture, distribution or sale of any commodity, or products, or service or output of a servic trade, of general use or consumption, or the sale of any mercha dise or product by any public utility, with the intent to destroy tl competition of any regular established dealer in such commodit product or service, or to prevent the competition of any perso firm, private corporation, or municipal or other public corporatic who or which in good faith, intends and attempts to becor such dealer, to discriminate between different sections, communit or cities or portions thereof, or between different locations such sections, communities, cities or portions thereof in this Sta by selling or furnishing such commodity, product or service at lower rate in one section, community or city, or any portion there or in one location in such section, community, or city or any porti thereof, than in another after making allowance for difference, if a in the grade or quality, quantity and in the actual cost of transportat from the point of production, if a raw product or commodity, or fr the point of manufacture, if a manufactured product or commod Motion picture films when delivered under a lease to motion pict houses shall not be deemed to be a commodity or product of general or consumption, under this act. Nothing in this act contained shal construed to affect or apply to any service or product sold, rendered furnished by any public utility, the sale, rendition or furnishing which is subject to regulation by the Colorado Public Utilities C mission or by any municipal regulatory body. This act shall not construed to prohibit the meeting in good faith of a competitive r The inhibition hereof against locality discrimination shall embrace scheme of special rebates, collateral contracts or any device of nature whereby such discrimination is, in substance or fact, effecte violation of the spirit and intent of this act.3 No provisions. 2. Special Prohibitory Laws 'For procedure and penalty sections, see Prohibition of Sales Below Cost, & CONNECTICUT 51 le or resale application invalid, the rovisions to ed thereby. REGULATION OF PRICE COMPETIT A. RESALE PRICE MAINTENANT Gen. Stat. (Supp. 1925 Sec. 921e. Fair trade.-(a) The fol chapter, shall have the following meaning otherwise indicate: (A) "Commodity" sha commerce; (B) "producer" shall mean any manufacturer, bottler, packer, converter. pro “wholesaler” shall mean any person selling producer or retailer: D) "retailer" shall commodity to consumers for use, and (Eas individual, a corporation, a partnership, an company, a business trust or any unincorp No contract relating to the sale or resale of a c or the label or container of which bears, the name of the producer or distributor of such commodity is in free and open competition with same general class produced distributed by t strued to violate any provision of the general state any of the following provisions with may be c contract: (A) That the buyer will not resell such es than the minimum price stipulated by the seller; (B. 122will require from any dealer to whom he may resell such an agreement that he will not, in turn, resell at less than the price stipulated by the seller; (C) that the seller will no commodity. (1) to any wholesaler, unless such wholesaler tot to resell the same to any retailer unless the retailer w agree not to resell the same except to consumers for use a less than the stipulated minimum price, and such wholesaler _____ wise agree not to resell the same to any other wholesaler ur other wholesaler will make the same agreement with any wici 49 pe of legislabuting Co. v. 81 L. Ed. 109 Broff v. Silver 8 (Super. Ct. in action by a on of a resale removed only ling immunity party plaintiff r a restraining f the apparent aving posted a COST r, the following Ito the retailer" etailer, or the reithin thirty days hased, whichever scounts for cash; rwise included in ail outlet if perst shall be deemed sale of any commodity, or products, or service or output of a service trade, of general use or consumption, or the sale of any merchandise or product by any public utility, with the intent to destroy the competition of any regular established dealer in such commodity, product or service, or to prevent the competition of any person, firm, private corporation, or municipal or other public corporation, who or which in good faith, intends and attempts to become such dealer, to discriminate between different sections, communities or cities or portions thereof, or between different locations in such sections, communities, cities or portions thereof in this State, by selling or furnishing such commodity, product or service at a lower rate in one section, community or city, or any portion thereof, or in one location in such section, community, or city or any portion thereof, than in another after making allowance for difference, if any, in the grade or quality, quantity and in the actual cost of transportation from the point of production, if a raw product or commodity, or from the point of manufacture, if a manufactured product or commodity. Motion picture films when delivered under a lease to motion picture houses shall not be deemed to be a commodity or product of general use, or consumption, under this act. Nothing in this act contained shall be construed to affect or apply to any service or product sold, rendered or furnished by any public utility, the sale, rendition or furnishing of which is subject to regulation by the Colorado Public Utilities Commission or by any municipal regulatory body. This act shall not be construed to prohibit the meeting in good faith of a competitive rate. The inhibition hereof against locality discrimination shall embrace any scheme of special rebates, collateral contracts or any device of any nature whereby such discrimination is, in substance or fact, effected in violation of the spirit and intent of this act.3 No provisions. 2. Special Prohibitory Laws 'For procedure and penalty sections, see Prohibition of Sales Below Cost, supra. |