59-501 Sales; discrimination; when unlawful.

NE Code § 59-501 (2019) (N/A)
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59-501. Sales; discrimination; when unlawful.

Any person, firm, or company, association or corporation, foreign or domestic, doing business in the State of Nebraska and engaged in the production, manufacture or distribution of any commodity in general use, that shall intentionally, for the purpose of destroying the business of a competitor in any locality, discriminate between different sections, communities, or cities of this state by selling such commodity at a lower rate in one section, community or city than is charged for said commodity by said party in another section, community or city, after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point of production, if a raw product, or from the point of manufacture, if a manufactured product, shall be deemed guilty of unfair discrimination, which is hereby prohibited and declared unlawful.

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Annotations

Electricity is a commodity within the meaning of this section. State ex rel. Spillman v. Interstate Power Co., 118 Neb. 756, 226 N.W. 427 (1929).

Former act sustained as constitutional, but did not prevent persons dealing in commodities from selling them at such price as they may demand. State v. Drayton, 82 Neb. 254, 117 N.W. 768 (1908).