It is hereby declared that any advertising, offer to sell, or sale of any merchandise, either by retailers or wholesalers, at less than cost as defined in the Unfair Sales Act with the intent and purpose of inducing the purchase of other merchandise or of unfairly diverting trade from a competitor or otherwise injuring a competitor, impair and prevent fair competition, injure public welfare, are unfair competition and contrary to public policy and the policy of the Unfair Sales Act, where the result of such advertising, offer or sale is to tend to deceive any purchaser or prospective purchaser, or to substantially lessen competition, or to unreasonably restrain trade, or to tend to create a monopoly in any line of commerce. Added by Laws 1949, p. 105, § 3, emerg. eff. May 18, 1949. Amended by Laws 2013, c. 331, § 3, eff. Nov. 1, 2013.
Notes of Decisions
Harolds Stores, Inc. v. Dillard Dep't Stores, Inc., 82 F.3d 1533 (10th Cir. 1996).
· cites it 3× “At trial, Harold’s argued that Dillard’s below-cost sales in Oklahoma violated the Oklahoma Unfair Sales Act, Okla. Stat. tit. 15, § 598.3 . The Oklahoma Unfair Sales Act defines and prohibits “below-cost sales by retailers and wholesalers.”
Star Fuel Marts, LLC v. Sam's East, Inc., 362 F.3d 639 (10th Cir. 2004).
· cites it 3× “Okla. Stat. tit. 15, § 598.3 . The statute further provides: Evidence of advertisement, offering to sell, or sale of merchandise by any retailer or wholesaler at less than cost to him, shall be prima facie evidence of intent to injure competitors and to destroy or substantially…”
Safeway Stores, Inc. v. Oklahoma Retail Grocers Ass'n, 322 P.2d 179 (Okla. 1957).
· cites it 2× “Safeway contends that it was not and is not amenable to injunctive restraint from admittedly selling merchandise below the statutory coát under the Unfair Sales Act, 15 O.S.1951 § 598.3, because under Sec. 598.”
Diehl v. Magic Empire Grocers Ass'n, 399 P.2d 460 (Okla. 1964).
“Title 15 O.S.1961 § 598.3 provides: “It is hereby declared that any advertising, offer to sell, or sale of any’ merchandise, either by retailers or wholesalers, at less than cost as defined in this Act with the intent and purpose of inducing the purchase of other merchandise or…”
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