Alaska Statutes 43.50.710 – Sale at less than minimum price; rebate in price

(a) A wholesaler or retailer may not, with intent to injure competitors or destroy or substantially lessen competition,

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
Class B misdemeanor	up to 90 days	up to $2,000

For details, see Alaska Stat. § 12.55.135

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Terms Used In Alaska Statutes 43.50.710

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

(1) advertise, offer to sell, or sell, at retail or wholesale, cigarettes at less than the minimum price determined by the department under

(A)Alaska Stat. § 43.50.810(a) for a sale at wholesale; or

(B)Alaska Stat. § 43.50.810(b) for a sale at retail; or

(2) offer a rebate in price, give a rebate in price, offer a concession of any kind, or give a concession of any kind or nature in connection with the sale of cigarettes.

(b) A retailer may not induce or attempt to induce or procure or attempt to procure

(1) the purchase of cigarettes at a price less than the wholesale minimum price determined under Alaska Stat. § 43.50.810(a);

(2) a rebate or concession of any kind or nature in connection with the purchase of cigarettes.

(c) Evidence of advertisement, offering to sell, or sale of cigarettes by a wholesaler or retailer at less than the applicable minimum price determined by the department under Alaska Stat. § 43.50.810, or evidence of an offer of a rebate in the price, the giving of a rebate in price, offer of a concession, or the giving of a concession of any kind or nature in connection with the sale of cigarettes, or the inducing, attempt to induce, the procuring, or the attempt to procure the purchase of cigarettes at a price less than the applicable minimum price determined by the department under Alaska Stat. § 43.50.810 is prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.

(d) Nothing in this section prohibits a manufacturer from offering promotions to a wholesaler or a retailer if the wholesale promotion is the same for all participating wholesalers and the retail promotion is the same for all participating retailers.

(e) A wholesaler or retailer who violates the provisions of this section is guilty of a class B misdemeanor.

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