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.
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.