Colorado § 6-2-110 - When provisions not applicable.

§ 6-2-110. When provisions not applicable.

(1) Sections 6-2-105 to 6-2-107 do not apply to any sale made:

(a) In closing out in good faith the owner's stock or any part thereof for the purpose of discontinuing the owner's trade in any such stock or commodity and, in the case of the sale of seasonal goods or the bona fide sale of perishable goods, to prevent loss to the vendor by spoilage or depreciation, if notice is given to the public thereof;

(b) When the goods are damaged or deteriorated in quality and notice is given to the public thereof;

(c) By an officer acting under the orders of any court;

(d) In an endeavor made in good faith to meet the prices of a competitor selling the same product or service in the same locality or trade area.

(2) Any person, firm, or corporation who performs work upon, renovates, alters, or improves any personal property belonging to another person, firm, or corporation shall be construed to be a vendor within the meaning of this article.

Source: L. 37: p. 1283, § 6. CSA: C. 48, § 302(6). L. 41: p. 822, § 6. L. 49: p. 344, § 6. CRS 53: § 55-2-6. C.R.S. 1963: § 55-2-6. L. 2007: (1)(d) amended, p. 514, § 4, effective April 16. L. 2026: IP(1) and (1)(a) amended, (HB 26-1426), ch. 334, p. 2005, § 37, effective August 12.

ANNOTATION

Law reviews. For article, "Antitrust and the Lay Lawyer", see 44 Den. L.J. 558 (1967).

The term "trade area" as used in this section is not limited in terms of the immediate geographic area of the business. Val Vu, Inc. v. Lacey, 31 Colo. App. 55, 497 P.2d 723 (1972).

So where there are a significant number of persons who would leave a particular merchant's immediate area and go to an adjoining area as a result of advertisement from that area's newspapers, that merchant should be allowed to meet those advertised prices without violating this statute. Val Vu, Inc. v. Lacey, 31 Colo. App. 55, 497 P.2d 723 (1972).

For example, Boulder merchant may meet Denver prices. In the light of the mobility of our population, and the proclivity of residents of Boulder to shop throughout the Denver metropolitan area, a Boulder merchant may meet Denver prices. Val Vu, Inc. v. Lacey, 31 Colo. App. 55, 497 P.2d 723 (1972).