Arkansas Code Annotated

Ark. Code Ann. § 4-75-202 (2026)

Purpose

✓ current as of May 2026
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The General Assembly declares that the purpose of this subchapter is to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition by prohibiting unfair and discriminatory practices by which fair and honest competition is destroyed or prevented.

History. Acts 1937, No. 253, § 13; Pope's Dig., § 14323; A.S.A. 1947, § 70-313.

Case Notes

Competition.

This subchapter is intended to foster competition for the primary benefit of the general public by protecting dealers, especially small dealers, from unfair competition by large dealers. Beam v. Monsanto Co., 259 Ark. 253, 532 S.W.2d 175 (1976).

Comparative pricing appears to foster and encourage competition which is one of the purposes of the Arkansas Unfair Practices Act. Wal-Mart Stores, Inc. v. American Drugs, Inc., 319 Ark. 214, 891 S.W.2d 30 (1995).

Persons Protected.

This subchapter is intended primarily to afford protection to the competitor of a seller. Concrete, Inc. v. Arkhola Sand & Gravel Co., 230 Ark. 315, 322 S.W.2d 452 (1959).

Cited: Jackson v. Swift-Eckrich, 830 F. Supp. 486 (W.D. Ark. 1993).

Notes of Decisions
Cited in 4 cases, 1993–2020 · leading case: Stewart Title Guar. Co. v. Am. Abstract & Title Co., 215 S.W.3d 596 (Ark. 2005).
Stewart Title Guar. Co. v. Am. Abstract & Title Co., 215 S.W.3d 596 (Ark. 2005). · cites it 4× “Abstract's cross-appeal Abstract advances its cross-appeal only as to that part of the jury verdict denying Abstract's claims under the Arkansas Unfair Practices Act found at Ark.Code Ann. § 4-75-202 et seq., or in the event that we reverse and remand for retrial.”
Wal-Mart Stores, Inc. v. Am. Drugs, Inc., 891 S.W.2d 30 (Ark. 1995). · cites it 12× “See Ark.Code Ann. § 4-75-202 (Repl.1991). Nor is the fact that Wal-Mart stores in other localities varied the prices of their products in response to local competition sufficient to prove that Conway Wal-Mart intended to destroy competition in Faulkner County.”
Jackson v. Swift-Eckrich, 830 F. Supp. 486 (W.D. Ark. 1993). · cites it 2× “” Ark.Code Ann. § 4-75-202 (Repl.1991). The Act provides for the imposition of criminal penalties, Ark.”
Oak Creek Inv. Props., Inc. v. Am. Elec. Power Servs. Corp. (W.D. Ark. 2020). · cites it 4× “” Ark. Code Ann. §4-75-202 . In keeping with the AUPA’s focus on anticompetitive behavior, Section 4-75-208 makes illegal the “secret payment or allowance of rebates, refunds, commissions, or unearned discounts .”
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