N.J. SUPERIOR COURT, APPELLATE DIVISION

L.J. Zucca Inc. v. Allen Bros. Wholesale Distributors Inc.

COMMERCIAL LAW

New Jersey Law Journal

A violation of the Unfair Cigarette Sales Act requires proof that a wholesaler effectively sold its cigarettes at prices below its cost with an anticompetitive, not predatory, intent; proof of underpricing is prima facie, not conclusive, evidence of such intent.