Ky. Rev. Stat. » Chapter 365
Kentucky Revised Statutes

Ky. Rev. Stat. § 365.050 (2026)

Unfair trade practices

✓ current as of May 2026
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The secret payment or allowance of rebates, refunds, commissions or unearned discounts, whether in the form of money or otherwise, or secretly extending to certain purchasers special services or privileges not extended to all purchasers purchasing upon like terms and conditions, to the injury of a competitor, and where such payment or allowance tends to destroy competition, is an unfair trade practice, and no person shall resort to such trade practice. History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4748h-7.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1955–2021 · leading case: Jefferson Ice & Fuel Co. v. Grocers Ice & Cold Storage Co., 286 S.W.2d 80 (Ky. Ct. App. 1955).
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Jefferson Ice & Fuel Co. v. Grocers Ice & Cold Storage Co., 286 S.W.2d 80 (Ky. Ct. App. 1955). · cites it 10× “070, seeking an injunction and treble damages against appellees, Grocers Ice and Cold Storage Company, its officers and directors, for violation of KRS 365.050, which provides as follows: “Unfair Trade Practices.”
Louisa Coca-Cola Bottling Co. v. Pepsi-Cola Metro. Bottling Co., 94 F. Supp. 2d 804 (E.D. Ky. 1999). · cites it 3× “Counts VII & X (secret rebates): Pepsi-Metro offers secret payments, gifts, allowances, rebates, refunds, commissions, discounts and incentive programs to certain retailers and store managers in violation of KRS 365.050 and W.Va.Code § 47-lla-9. Count VIII (unlawful acts):…”
Grocers Ice & Cold Storage Co. v. Jefferson Ice & Fuel Co., 311 S.W.2d 186 (Ky. Ct. App. 1958). · cites it 3× “The complicated accounting questions involved required the appointment of a special commissioner to review the record and determine the damages to which Jefferson was entitled.”
Mitchco Int'l, Inc. v. Commonwealth of Kentucky (Through Its Sec'y of Educ. & Workforce Dev., & Its Sec'y of Fin. & Admin. (Ky. Ct. App. 2021). · cites it 2× “020, KRS 365.050, and KRS 365.060. KRS 365.020 states: (1) No person doing business in this state and engaged in the production, manufacture, distribution or sale of any commodity or product, or service or output of a service trade, of general use or consumption, or the product…”
Warfield Tobacco, Inc. v. R.J. Reynolds Tobacco Co., 34 F. Supp. 2d 1050 (E.D. Ky. 1999). · cites it 4× “020 and KRS § 365.050 because said refusal constitutes discriminatory pricing with the intent to destroy plaintiffs ability to compete in the retail tobacco business.”
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