Section 28 Milk Sales—Unfair Practices

• Library: Damages 2012

Section 416.415.1, RSMo 2000, prohibits the selling or advertising of milk below cost with the intent to destroy competition, create a monopoly, or divert trade from a competitor. An injured party can recover treble damages. Section 416.455, RSMo 2000. The measure of damages can be a reduction in price per unit caused by the defendant’s lower price or a measure of lost profit. Dean Foods Co. v. Albrecht Dairy Co., 396 F.2d 652 (8^th Cir. 1968). The treble damages award is not mandatory and is left to the discretion of the trier of fact...