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

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)