Prevention of competition by wholesale dealer; purchase of cigarettes below cost by retail dealer; penalty; prima facie evidence.

NRS 370.371 Prevention of competition by wholesale dealer; purchase of cigarettes below cost by retail dealer; penalty; prima facie evidence. 1. A wholesale dealer shall not engage in predatory pricing with intent to injure competitors or destroy or lessen competition substantially by: (a) Advertising, offering to sell or selling at wholesale, cigarettes at less than the cost to the wholesale dealer; or (b) Offering any rebate or concession in price or giving any rebate or concession in price in connection with the sale of cigarettes. 2. A retail dealer shall not engage in predatory pricing with the intent to injure competitors or destroy or lessen competition substantially by: (a) Inducing, attempting to induce, procuring or attempting to procure the purchase of cigarettes at a price less than the cost to the wholesale dealer; or (b) Inducing, attempting to induce, procuring or attempting to procure any rebate or concession in connection with the purchase of cigarettes. 3. A person who violates the provisions of this section shall be punished by a fine of not more than $50 for each offense. 4. Evidence of: (a) An advertisement, an offer to sell or the sale of cigarettes by a wholesale dealer at less than the cost to the wholesale dealer; (b) An offer of a rebate in price, the giving of a rebate in price, an offer of a concession or the giving of a concession in connection with the sale of cigarettes; or (c) The inducement, attempt to induce, procurement or attempt to procure the purchase of cigarettes at a price less than the cost to the wholesale dealer, Ê is prima facie evidence of intent and likelihood to injure competition and to destroy or lessen competition substantially. (Added to NRS by 1989, 1514; A 1993, 2473)