PART I. 
UNFAIR PRACTICES ACT



 



§481-1  Unlawful practices.  It shall be
unlawful for any person, firm, or corporation, doing business in the 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 or service of any public utility, with the intent
to destroy the competition of any regular established dealer in the commodity,
product, or service, or to prevent the competition of any person, firm, private
corporation, or municipal or other public corporation, who or which in good
faith, intends and attempts to become such dealer, to discriminate between
different sections, communities, or cities or portions thereof, or between different
locations in such sections, communities, cities, or portions thereof in this
State, by selling or furnishing the commodity, product, or services at a lower
rate in one section, community, or city, or any portion thereof, or in one
location in such section, community, or city or any portion thereof, than in
another after making allowance for difference, if any, in the grade or quality,
quantity and in the actual cost of transportation from the point of production,
if a raw product or a commodity, or from the point of manufacture if a
manufactured product or commodity, and in the overhead cost.



Motion picture films when delivered under a
lease to motion picture houses shall not be deemed to be a commodity or product
of general use, or consumption, under this part.  This part shall not be
construed to prohibit the meeting in good faith of the rates of a competitor as
herein defined, selling the same article or product, or service or output of a
service trade in the same locality or trade area, or to prevent a reasonable
classification of service by public utilities for the purpose of establishing
rates.



The inhibition hereof against locality
discrimination embraces any scheme of special rebates, collateral contracts, or
any device of any nature whereby such discrimination is, in substance or fact,
effected in violation of the spirit and intent of this part. [L 1937, c 223,
§1; am L 1941, c 175, §1; RL 1945, §9321; RL 1955, §205-2; HRS §481-1]



 



Cross References



 



  Unfair trade practices in insurance business, see chapter
431, article 13.



 



Case Notes



 



  Relation of federal regulation and possible antitrust
exemption to state laws construed.  460 F. Supp. 1359.