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Title XXVI TRADE AND COMMERCE

Chapter 416

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  416.620.  Allowable practices. — 1.  It is not a violation of section 416.615 if a difference exists at the same level of distribution between the transfer price or sale price of motor fuel of like grade and quality and the price charged to a person who purchases for resale, including any discount, rebate, allowance, service or facility granted to any of a supplier's own marketing operations in excess of those provided to a person who purchases for resale, if the difference is due to a difference in shipping method, transportation or quantity in which the motor fuel is sold.

  2.  It is not a violation of section 416.615 if a difference exists in a transfer price and sale price or between sales prices at the same marketing level if the difference exists because of a good faith effort to meet the equally low price of a competitor.

  3.  It is not a violation of subsection 1 of section 416.615 if the sale below cost is the result of a good faith effort to meet the equally low price of a competitor.  In determining whether a person has set the price at which motor fuel is sold or offered for sale to meet the price of a competitor, the court shall consider only whether the seller or offeror has set the price of motor fuel to match the price at which a competitor has sold or offered motor fuel, without regard to any other items sold or offered in conjunction with the sale or offer for sale of the motor fuel.

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(L. 1993 S.B. 374)


---- end of effective   28 Aug 1993 ----

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