South Dakota Code § 37-10-17

Cost survey price considered competitive price
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In the absence of proof of the price of a competitor, under §
37-10-16
, the lowest cost to the retailer, or the lowest cost to the wholesaler, as the case may be, determined by any cost survey, made pursuant to §
37-10-12
, may be deemed the price of a competitor within the meaning of §
37-10-16
.

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