AS 43.50.710
Sale at less than minimum price; rebate in price.
(a) A wholesaler or retailer may not, with intent to injure competitors
or destroy or substantially lessen competition,
(1) advertise, offer to sell, or sell, at retail or wholesale, cigarettes
at less than the minimum price determined by the department under
(A) AS 43.50.810(a) for a sale at wholesale; or
(B) AS 43.50.810(b) for a sale at retail; or
(2) offer a rebate in price, give a rebate in price, offer a concession
of any kind, or give a concession of any kind or nature in connection
with the sale of cigarettes.
(b) A retailer may not induce or attempt to induce or procure or attempt
to procure
(1) the purchase of cigarettes at a price less than the wholesale
minimum price determined under AS 43.50.810(a) ;
(2) a rebate or concession of any kind or nature in connection with
the purchase of cigarettes.
(c) Evidence of advertisement, offering to sell, or sale of cigarettes
by a wholesaler or retailer at less than the applicable minimum price
determined by the department under AS 43.50.810 , or evidence of an offer
of a rebate in the price, the giving of a rebate in price, offer of a
concession, or the giving of a concession of any kind or nature in connection
with the sale of cigarettes, or the inducing, attempt to induce, the procuring,
or the attempt to procure the purchase of cigarettes at a price less than
the applicable minimum price determined by the department under AS 43.50.810
is prima facie evidence of intent to injure competitors and to destroy
or substantially lessen competition.
(d) Nothing in this section prohibits a manufacturer from offering
promotions to a wholesaler or a retailer if the wholesale promotion is
the same for all participating wholesalers and the retail promotion is
the same for all participating retailers.
(e) A wholesaler or retailer who violates the provisions of this section
is guilty of a class B misdemeanor.