Washington Administrative Code
Title 314 - Liquor and Cannabis Board
Chapter 314-23 - Spirits distributors, spirits certificate of approval licenses, and spirits importers
Section 314-23-065 - What are "unfair trade practices"?
Universal Citation: WA Admin Code 314-23-065
Current through Register Vol. 24-06, March 15, 2024
(1) "Unfair trade practice" means one retailer or industry member directly or indirectly influencing the purchasing, marketing, or sales decisions of another retailer or industry member by any agreement written or unwritten or any other business practices or arrangements such as, but not limited to, the following:
(a)Any form of coercion between industry
members and retailers or between retailers and industry members through acts or
threats of physical or economic harm, including threat of loss of supply or
threat of curtailment of purchase;
(b) A retailer on an involuntary basis
purchasing less than it would have of another industry member's
product;
(c)Purchases made by a
retailer or industry member as a prerequisite for purchase of other
items;
(d)A retailer purchasing a
specific or minimum quantity or type of a product or products from an industry
member;
(e)An industry member
requiring a retailer to take and dispose of a certain product type or quota of
the industry member's products;
(f)A retailer having a continuing obligation
to purchase or otherwise promote or display an industry member's
product;
(g)An industry member
having a continuing obligation to sell a product to a retailer;
(h) A retailer having a commitment not to
terminate its relationship with an industry member with respect to purchase of
the industry member's products or an industry member having a commitment not to
terminate its relationship with a retailer with respect to the sale of a
particular product or products;
(i)
An industry member being involved in the day-to-day operations of a retailer or
a retailer being involved in the day-to-day operations of an industry member in
a manner that violates the provisions of this subsection;
(j) Discriminatory pricing practices as
prohibited by law or other practices that are discriminatory in that the
product is not offered to all retailers in the local market at the same
price.
(2) The exercise of undue influence is an unfair trade practice and is prohibited.
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