Section 200.107  Established Market

Whether a product has an established market within the meaning of Section 3(14) of the Act is determined by the following factors in Illinois or in another area with market characteristics similar to Illinois:

a)         The number of wholesale and retail outlets of the seller or of competitors in a similar line of business;

b)         The quantity and price of like or similar products presently sold;

c)         The ability of the purchaser to resell at the suggested retail price of the manufacturer and/or wholesaler or at a reasonable markup over purchaser's cost;

d)         The number of years this and similar products have been sold.

(Source:  Amended at 12 Ill. Reg. 9424, effective May 18, 1988)