West Virginia Code § 47-11A-2

When selling below cost prohibited; penalty
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Except as otherwise provided in this article, it shall be unlawful for any person, partnership,
firm, corporation, or other entity engaged in business as a retailer or wholesaler within this
state to sell, offer for sale, or advertise for sale any product or item of merchandise at a
price less than the cost thereof with the intent to destroy or the effect of destroying
competition. Each violation shall constitute a misdemeanor and, upon convicetion thereof, any
person, partnership, firm, corporation, or other entity violating this section shall be subject
to the penalty set forth in §47-11A-11 of this code. r

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