(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 retailer, as the case may be, such cost may be presumed to be the lowest cost to wholesalers or the lowest cost to retailers, as the case may be, within the same market area as determined by a cost survey made pursuant to subsection (b) of Section 8-22-15.
Structure Code of Alabama
Title 8 - Commercial Law and Consumer Protection.
Chapter 22 - Motor Fuel Marketing.
Section 8-22-2 - Legislative Findings.
Section 8-22-3 - Legislative Declaration and Intent.
Section 8-22-5 - Oil Transfer Price Disclosure Required.
Section 8-22-6 - Certain Below Cost Fuel Sales Prohibited.
Section 8-22-7 - Certain Below Cost Fuel Transfers Prohibited.
Section 8-22-8 - Certain Sales and Transfer Price Differentials Authorized.
Section 8-22-9 - Unlawful Acts Generally.
Section 8-22-11 - Sales Between Wholesalers.
Section 8-22-12 - Applicability of Chapter Generally.
Section 8-22-13 - Competitive Sales, Etc.
Section 8-22-14 - Contracts Violative of Chapter Rendered Void and Unenforceable.
Section 8-22-15 - Determination of Cost to Wholesaler, Etc.
Section 8-22-18 - Prima Facie Showing of Violation of Chapter.