(1) (a) It is unlawful for any person, partnership, firm, corporation, joint stock company, or other association engaged in business within this state to sell, offer for sale, or advertise for sale any product or service for less than the cost of the product or service with the intent to both injure competitors and destroy competition and where the likely result of such sale would be the acquisition or maintenance of a monopoly.
A vendor who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be subject to the penalties provided in section 6-2-116.
(b) (Deleted by amendment, L. 2007, p. 514, § 2, effective April 16, 2007.)
For purposes of this section, "cost" means an appropriate determination of cost that isconsistent with federal court interpretations of cost in federal predatory pricing cases under the federal "Sherman Act", 15 U.S.C. sec. 1 et seq.
(Deleted by amendment, L. 2008, p. 2244, § 1, effective June 5, 2008.)
Source: L. 37: p. 1282, § 3. CSA: C. 48, § 302(3). L. 41: p. 821, § 3. L. 49: p. 343, § 3. CRS 53: § 55-2-3. C.R.S. 1963: § 55-2-3. L. 93: (1) amended, p. 1273, § 1, effective July 1. L. 2007: (1) and (2) amended, p. 514, § 2, effective April 16. L. 2008: Entire section amended, p. 2244, § 1, effective June 5.