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8-22-13
Section 8-22-13 Competitive sales, etc. (a) Any wholesaler may advertise, offer to sell, or
sell motor fuel at a price made in good faith to meet the price of a competitor who is rendering
the same type service and is selling the same article at cost to the said competing wholesaler
as defined in this chapter. Any retailer may advertise, offer to sell, or sell motor fuel
at a price made in good faith to meet the price of a competitor who is selling the same article
at cost to the said competing retailer as defined in this chapter. The price of motor fuel
advertised, offered for sale, or sold under the exceptions specified in Section 8-22-12 shall
not be considered the price of a competitor and shall not be used as a basis for establishing
prices below cost, nor shall the price established at a bankrupt sale be considered the price
of a competitor within the purview of this section. (b) In the absence of proof of the actual
cost to the said competing wholesaler or the said competing...
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8-22-18
Section 8-22-18 Prima facie showing of violation of chapter. In any action brought under Sections
8-22-15, 8-22-16 or 8-22-17, upon a prima facie showing of a violation, the burden of rebutting
the prima facie case thus made by showing justification shall shift to the defendant. A prima
facie showing of a violation shall be constituted if the plaintiff shows: (1) That the plaintiff's
purchase price from a refiner or wholesaler is greater than said refiner's transfer price;
or (2) That the plaintiff's purchase price from a refiner or wholesaler plus the plaintiff's
cost of doing business is greater than said refiner's or wholesaler's retail posted sales
price; or (3) That the plaintiff's basic cost of motor fuel plus the plaintiff's cost of doing
business is greater than the posted sales price at a retail location of a competitor, within
the plaintiff's marketing area, suspected of selling motor fuel in violation of this chapter.
(Acts 1984, No. 84-260, p. 433, §18.)...
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8-22-4
Section 8-22-4 Definitions. The following terms shall have the meanings ascribed to them in
this section unless otherwise stated and unless the context or subject matter clearly indicates
otherwise: (1) PERSON. Any person, firm, association, organization, partnership, business
trust, joint stock company, company, corporation, or legal entity. (2) MOTOR FUEL. Those products
upon which the state excise tax levied, or defined, in Sections 40-17-1 through 40-17-52 and
40-17-170, as amended, is imposed. (3) WHOLESALER. Includes any person qualified as a wholesaler
of motor fuel with the state Revenue Commissioner, and shall also mean and include any person,
other than a buying pool defined herein, wherever resident or located, who brings or causes
to be brought into this state motor fuel purchased directly from the manufacturer thereof.
(4) WHOLESALE DISTRIBUTION. Any person, or the act of any person, including any affiliate
of such person, in commerce within the state, who purchases motor...
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8-22-8
Section 8-22-8 Certain sales and transfer price differentials authorized. (a) It is not a violation
of this chapter if a difference exists between the transfer price or sales price of motor
fuel of like grade and quality and the price charged to a person who purchases for resale
at the same level of distribution, including any discounts, rebates, allowances, services,
facilities granted any of a supplier's own marketing operations in excess of those provided
to a person who purchases for resale at the same level of distribution, if the lower price
is due to a cost differential incurred because of a difference in shipping method, transportation,
marketing, sale or quantity, in which such motor fuel is sold. (b) It is not a violation of
this chapter if any price is established in good faith to meet an equally low price of a competitor
in the same market area on the same level of distribution selling the same or a similar product
of like grade and quality or is exempt under Section...
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8-22-9
Section 8-22-9 Unlawful acts generally. It shall be unlawful under this section: (1) For any
person engaged in commerce in this state to sell or offer to sell motor fuel at wholesale
or retail, as the case may be, where the effect is to injure competition. (2) For any person,
where the effect is to injure competition, to offer a rebate, to offer to give a rebate, to
offer a concession of any kind in connection with the sale of motor fuel. (3) For any retailer
to induce or attempt to induce or to procure or attempt to procure the purchase of motor fuel
at a price less than cost to wholesaler. Any person who violates any provision of this section
shall be subject to the provisions and penalties of this chapter. (Acts 1984, No. 84-260,
p. 433, §9.)...
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8-22-15
Section 8-22-15 Determination of cost to wholesaler, etc. (a) In determining cost to the wholesaler
and cost to the retailer, the court of jurisdiction shall receive and consider as bearing
on the bona fides of such cost, evidence tending to show that any person complained against
under this chapter purchased the motor fuel involved in the complaint, at a fictitious price,
or upon terms, or in such a manner, or under such invoices, as to conceal the true costs,
discounts or terms of purchase, and shall also receive and consider as bearing on the bona
fides of such costs, evidence of the normal, customary and prevailing terms and discounts
in connection with other sales of a similar nature in the market area. (b) Where a cost survey
pursuant to recognized statistical and cost accounting practices has been made for a market
area in which a violation of this chapter is committed or charged, to determine and establish
on the basis of actual existing conditions the lowest cost to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-22-15.htm - 1K - Match Info - Similar pages
8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-4.htm - 34K - Match Info - Similar pages
8-22-10
Section 8-22-10 Below cost combined selling price of motor fuel and promotional gifts, etc.,
prohibited. In all advertisements, offers for sale or sales involving two or more items, at
least one of which items is motor fuel, at a combined price, and in all advertisements, offers
of sale, or sales, involving the giving of any gift or concession of any kind whatsoever (whether
it be coupons or otherwise), the wholesaler's or retailer's combined selling price shall not
be below the cost to the wholesaler or the cost to the retailer, respectively, of the total
of all motor fuel and other goods. (Acts 1984, No. 84-260, p. 433, §10; Act 2015-225, §1.)...
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8-22-11
Section 8-22-11 Sales between wholesalers. When one wholesaler sells motor fuel to any other
wholesaler, the former shall not be required to include in his selling price to the latter
"cost to the wholesaler" as provided by Section 8-22-4, but the latter wholesaler,
upon resale to a retailer, shall be subject to the provisions of said section. (Acts 1984,
No. 84-260, p. 433, §11.)...
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8-22-6
Section 8-22-6 Certain below cost fuel sales prohibited. It shall be unlawful for any person
engaged in commerce in this state to sell or offer to sell motor fuel below cost or to sell
or offer to sell it at a price lower than the seller charges other persons on the same day
and on the same level of distribution, within the same market area, where the effect is to
injure competition. (Acts 1984, No. 84-260, p. 433, §6.)...
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