Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
151.061 UNFAIR PRICE DISCRIMINATION.
Subdivision 1. Generally. Any person doing business in this state and engaged in the
distribution (other than at retail) of any prescription drugs, who shall discriminate between
purchasers by selling prescription drugs at a lower price or rate to one purchaser or association of
purchasers than offered to another purchaser or association of purchasers within this state (other
than at retail) after making allowance for the difference, if any, in the grade, quality, or quantity,
and after equalizing the distance from the point of distribution and freight costs therefrom, shall
be guilty of unfair discrimination. Unfair discrimination occurs when quantity discounts are
not reasonably based on actual cost savings to all like purchasers. Unfair discrimination shall
embrace any scheme of special rebates, collateral contracts, or any device of any nature which in
substance violates the provisions of this subdivision. Nothing in this subdivision shall apply to
purchases for their own use by schools, colleges, universities, public libraries, churches, hospitals
or charitable institutions not operated for profit.
Subd. 2. Remedy. Any person injured by unfair discrimination as defined in subdivision 1
may bring a civil action and recover damages, together with costs and disbursements, including
reasonable attorney's fees, and receive other equitable relief as determined by the court. The
remedies provided by this section are cumulative and shall not be construed as restricting any
remedy which is otherwise available.
History: 1973 c 722 s 1
Subdivision 1. Generally. Any person doing business in this state and engaged in the
distribution (other than at retail) of any prescription drugs, who shall discriminate between
purchasers by selling prescription drugs at a lower price or rate to one purchaser or association of
purchasers than offered to another purchaser or association of purchasers within this state (other
than at retail) after making allowance for the difference, if any, in the grade, quality, or quantity,
and after equalizing the distance from the point of distribution and freight costs therefrom, shall
be guilty of unfair discrimination. Unfair discrimination occurs when quantity discounts are
not reasonably based on actual cost savings to all like purchasers. Unfair discrimination shall
embrace any scheme of special rebates, collateral contracts, or any device of any nature which in
substance violates the provisions of this subdivision. Nothing in this subdivision shall apply to
purchases for their own use by schools, colleges, universities, public libraries, churches, hospitals
or charitable institutions not operated for profit.
Subd. 2. Remedy. Any person injured by unfair discrimination as defined in subdivision 1
may bring a civil action and recover damages, together with costs and disbursements, including
reasonable attorney's fees, and receive other equitable relief as determined by the court. The
remedies provided by this section are cumulative and shall not be construed as restricting any
remedy which is otherwise available.
History: 1973 c 722 s 1
Official Publication of the State of Minnesota
Revisor of Statutes