Title Minnesota Statutes, Minnesota Statutes

325D.04 SELLING BELOW COST FORBIDDEN. Any retailer, wholesaler, subjobber or vending machines operator engaged in business within this state, who sells, offers for sale or advertises for sale, any commodity, article, goods, wares, or merchandise at less than the cost thereof to s…

325D.05 BANKRUPT SALES NOT TO BE CONSIDERED IN FIXING COSTS. In establishing the cost of a given article, goods, wares, or merchandise to the vendor, the invoice cost of the article, goods, wares, or merchandise purchased at a forced, bankrupt, closeout, or other sale outside of …

325D.06 INAPPLICABLE SALES. The provisions of sections 325D.01, subdivisions 2 to 6; 325D.04; and 325D.05 shall not apply to any sale made: (1) in closing out in good faith the owner's stock, or any part thereof, for the purpose of discontinuing trade in any such stock or commodi…

325D.07 REMEDIES CUMULATIVE. The remedies herein provided shall be cumulative to all other remedies provided by law. History: (3976-48) 1937 c 116 pt 3 s 3; 1939 c 403 s 6

325D.09 UNLAWFUL TRADE PRACTICES. The legislature of the state of Minnesota hereby finds: that the trade practices defined and prohibited by sections 325D.09 to 325D.16 are detrimental to labor, destructive to employment, and injurious to the best interests of workers; that they …

325D.10 DEFINITIONS. When used in sections 325D.09 to 325D.16: (a) The term "person" includes any individual, firm, partnership, corporation or other organization, whether organized for profit or not. (b) The term "employer" includes any person acting directly or indirectly in th…

325D.11 CERTAIN UNLAWFUL TRADE PRACTICES. It shall be an unlawful trade practice for any seller or transferor of any goods, wares, or merchandise to advertise, claim or imply that any sale or transfer of goods, wares, or merchandise is a sale or transfer at wholesale, unless such…

325D.12 RETAILERS NOT TO MISREPRESENT NATURE OF BUSINESS. (1) No person engaged in the sale of merchandise at retail shall, in connection with such business, misrepresent the true nature of such business, either by use of the words manufacturer, wholesaler, broker, or any derivat…

325D.13 QUALITY, MISREPRESENTED. No person shall, in connection with the sale of merchandise, knowingly misrepresent, directly or indirectly, the true quality, ingredients or origin of such merchandise. History: 1943 c 144 s 5

325D.14 EMPLOYER NOT TO DISPOSE OF OTHER THAN OWN PRODUCTS. No employer shall, directly or indirectly, by itself or through a subsidiary agency owned or controlled in whole or in part by such employer, sell, cause to be sold, or possess or control for sale to employees or to any …

325D.15 VIOLATIONS; RESTRAINING ORDERS. Any person violating the provisions of sections 325D.09 to 325D.16 shall be deemed guilty of a misdemeanor. Each act prohibited by sections 325D.09 to 325D.16 shall constitute a separate violation and offense thereunder. In addition to the …

325D.16 APPLICATION. Nothing in sections 325D.09 to 325D.16 shall be deemed to prohibit the sale by an employer to employees of the employer's own products or property at any price. History: 1943 c 144 s 9; 1986 c 444

325D.30 MINNESOTA UNFAIR CIGARETTE SALES ACT; FINDINGS AND POLICY. The legislature finds that unfair, dishonest, and fraudulent business practices exist in transactions involving the sale of, or offer to sell, cigarettes in the wholesale and retail trades in this state and are de…

325D.31 CITATION. Sections 325D.30 to 325D.42 shall be known as the "Minnesota Unfair Cigarette Sales Act." History: 1967 c 600 s 2

325D.32 DEFINITIONS. § Subdivision 1.Scope. For the purpose of sections 325D.30 to 325D.42, the words, terms and phrases defined in this section have the meanings ascribed to them except where the context clearly indicates a different meaning. § Subd. 2.Cigarettes. "Cigarettes" m…

325D.33 SALES AT LESS THAN COST; PENALTY. § Subdivision 1.Prohibited sales. It shall be unlawful for any wholesaler or retailer to offer to sell, or sell, at wholesale or retail, cigarettes at less than cost to such wholesaler or retailer, as the case may be, as defined in sectio…

325D.34 COMBINATION SALES. In all offers for sale or sales involving cigarettes and any other item at a combined price and in all offers for sale, or sales, involving the giving of any gift or concession of any kind whatsoever, and which are not given by the wholesaler or retaile…

325D.35 SALES BY A WHOLESALER TO A WHOLESALER. When one wholesaler sells cigarettes to any other wholesaler, the former shall not be required to include in the selling price to the latter, the cost of doing business to the wholesaler, as defined by section 325D.32, but the latter…

325D.36 SALES EXCEPTIONS. The provisions of sections 325D.30 to 325D.42 shall not apply to a sale at wholesale or a sale at retail made (a) in an isolated transaction; (b) where cigarettes are offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuin…

325D.37 TRANSACTIONS PERMITTED TO MEET LAWFUL COMPETITION. § Subdivision 1.Authorization. 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 selling the same article at the cost to the competing wh…

325D.38 ADMISSIBLE EVIDENCE. § Subdivision 1.Cost to wholesalers and retailers. In determining cost to the wholesaler and cost to the retailer the court shall receive and consider as bearing on the bona fides of such cost, evidence that any person complained against under any of …

325D.39 SALES OUTSIDE ORDINARY CHANNELS OF BUSINESS; EFFECT. In establishing the basic cost of cigarettes to a wholesaler or a retailer, it shall not be permissible to use the invoice cost or the actual cost of any cigarettes purchased at a forced, bankrupt, or closeout sale, or …

325D.40 VIOLATIONS. § Subdivision 1.Remedies. Any person who would suffer injury from any threatened violation of sections 325D.30 to 325D.42 may maintain an action to enjoin such actual or threatened violation and proof of actual damages need not be alleged or proved in cases of…

325D.42 PARTIAL UNCONSTITUTIONALITY. The provisions of sections 325D.30 to 325D.42 shall be deemed to be severable and if for any reason any provisions shall be determined to be unconstitutional or invalid, such determination shall not be held to affect any other provisions hereo…

325D.43 DEFINITIONS. § Subdivision 1.Scope. As used in sections 325D.43 to 325D.48, unless the context otherwise requires, the terms defined in this section have the meanings ascribed to them. § Subd. 2.Article. "Article" means a product as distinguished from its trademark, label…

325D.44 DECEPTIVE TRADE PRACTICES. § Subdivision 1.Acts constituting. A person engages in a deceptive trade practice when, in the course of business, vocation, or occupation, the person: (1) passes off goods or services as those of another; (2) causes likelihood of confusion or o…

325D.45 REMEDIES. § Subdivision 1.Injunctive relief. A person likely to be damaged by a deceptive trade practice of another may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of p…

325D.46 APPLICATION. § Subdivision 1.Nonapplication. Sections 325D.43 to 325D.48 do not apply to: (1) conduct in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency; or (2) actions or appeals pending on July 1, 1973…

325D.47 UNIFORMITY OF APPLICATION AND CONSTRUCTION. Sections 325D.43 to 325D.48 shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of sections 325D.43 to 325D.48 among those states which enact it. History: 19…

325D.48 CITATION. Sections 325D.43 to 325D.48 may be cited as the "Uniform Deceptive Trade Practices Act." History: 1973 c 216 s 6

325D.49 CITATION. Sections 325D.49 to 325D.66 may be cited as the "Minnesota Antitrust Law of 1971." History: 1971 c 865 s 1

325D.50 DEFINITIONS. § Subdivision 1.Scope. Unless a different meaning is clearly indicated by the context, for the purposes of sections 325D.49 to 325D.66, the terms defined in this section have the meanings ascribed to them. § Subd. 2.Commodity. "Commodity" means any goods, mer…

325D.51 UNREASONABLE RESTRAINT OF TRADE OR COMMERCE. A contract, combination, or conspiracy between two or more persons in unreasonable restraint of trade or commerce is unlawful. History: 1971 c 865 s 3

325D.52 ESTABLISHMENT, MAINTENANCE, OR USE OF MONOPOLY POWER. The establishment, maintenance, or use of, or any attempt to establish, maintain, or use monopoly power over any part of trade or commerce by any person or persons for the purpose of affecting competition or controllin…

325D.53 PROHIBITED CONTRACTS, COMBINATIONS, AND CONSPIRACIES. § Subdivision 1.Price fixing, production control, allocation of markets, collusive bidding, and concerted refusals to deal. Without limiting section 325D.51, the following shall be deemed to restrain trade or commerce …

325D.54 SCOPE OF ACT. Sections 325D.49 to 325D.66 apply to: (a) any contract, combination, or conspiracy when any part thereof was created, formed, or entered into in this state; and (b) any contract, combination, or conspiracy, wherever created, formed, or entered into; any esta…

325D.55 EXEMPTIONS. § Subdivision 1.Labor, electrical, agricultural, or horticultural organizations. Nothing contained in sections 325D.49 to 325D.66, shall be construed to forbid the existence or operation of labor, electrical, agricultural, or horticultural organizations, inclu…

325D.56 PENALTIES FOR VIOLATION. § Subdivision 1.Civil penalties. Any person who is found to have violated sections 325D.49 to 325D.66, shall be subject to a civil penalty of not more than $50,000. Any person who fails to comply with a final judgment or decree rendered by a court…

325D.57 DAMAGES. Any person, any governmental body, or the state of Minnesota or any of its subdivisions or agencies, injured directly or indirectly by a violation of sections 325D.49 to 325D.66, shall recover three times the actual damages sustained, together with costs and disb…

325D.58 INJUNCTIVE RELIEF. In addition to other remedies provided by sections 325D.49 to 325D.66, the courts of this state shall have jurisdiction to grant such temporary, interlocutory, or permanent injunctive relief as is necessary to prevent and restrain violations of sections…

325D.59 AUTHORITY OF THE ATTORNEY GENERAL. The attorney general may investigate any alleged violation of sections 325D.49 to 325D.66 and, having reasonable cause to believe that a violation is imminent, is occurring or has occurred, the attorney general may institute on behalf of…

325D.60 FORFEITURE OF CHARTER RIGHTS AND PRIVILEGE TO DO BUSINESS. § Subdivision 1.Attorney general's powers. Upon the failure of any person to comply with the terms of a final judgment or decree rendered by a court of this state issued for a violation of the provisions of sectio…

325D.61 ACTS OF OFFICERS, DIRECTORS, REPRESENTATIVES, OR AGENTS ACTING WITHIN SCOPE OF AUTHORITY. § Subdivision 1.Imputed liability of business entity. A corporation, association, firm, partnership, or limited partnership is liable for the acts of its officers, directors, represe…

325D.62 JUDGMENT IN FAVOR OF STATE AS PRIMA FACIE EVIDENCE. A final judgment or decree rendered in any civil or criminal proceeding under sections 325D.49 to 325D.66 brought by or on behalf of the state of Minnesota, any of its departments or agencies, or any of its political sub…

325D.63 NOTIFICATION OF CIVIL ACTION. Upon commencement of any civil action by a person, other than the attorney general, for violation of sections 325D.49 to 325D.66, the court administrator shall mail a copy of the complaint to the attorney general. History: 1971 c 865 s 15; 1S…