Montana. Statutory Language

Montana Statute 29-39

MONTANA STATUTE

UNFAIR TRADE PRACTICES

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. §§ 30-14-201 to 30-14-226

§ 30-14-201. Purpose

The legislature declares that the purpose of this part is to safeguard the public

against the creation or perpetuation of monopolies and foster and encourage

competition by prohibiting unfair and discriminatory practices by which fair and

honest competition is destroyed or prevented. This part must be liberally construed

so that its beneficial purposes may be accomplished.

§ 30-14-202. Definitions

As used in this part, unless the context indicates otherwise, the following

definitions apply:

(1) (a) “Article of commerce” includes but is not limited to any

commodity, product, service or output of a service trade, or any product of the soil.

(b) The term does not include a product or service of a public utility.

(2) “Business” includes any person, domestic or foreign, engaged in the

production, manufacture, distribution, purchasing, or sale of any article of commerce

within the state of Montana.

(3) (a) “Cost”, as applied to production, includes the cost of raw materials,

labor, and all overhead expenses of the producer.

(b) Cost, as applied to distribution, means either the invoice price of the

article or product sold or the cost to the dealer or vendor for replacing the article or

product in the quantity last purchased within 90 days prior to the sale of the article or

product, whichever is less, minus all trade discounts except customary cash discounts

plus the cost of doing business by the vendor.

(4) “Cost of doing business” or “overhead expense” includes all costs of

doing business incurred in the conduct of a business and includes but is not limited to

the following items of expense:

(a) labor (including salaries of executives and officers);

(b) rent;

(c) interest on borrowed capital;

(d) depreciation;

(e) selling cost;

(f) maintenance of equipment;

(g) delivery costs;

(h) credit losses;

(i) all types of licenses;

(j) taxes;

(k) insurance and advertising.