Effective - 28 Aug 1995
416.615. Sale below cost or at lower price, prohibited when. — 1. It is unlawful for any person engaged in commerce within this state to sell or offer to sell motor fuel below cost as defined in subdivision (2) of section 416.605, if:
(1) The intent of the sale or offer is to injure competition; or
(2) The intent of the sale or offer is to induce the purchase of other merchandise, to unfairly divert trade from a competitor, or otherwise to injure a competitor.
2. It is unlawful for any person engaged in commerce within this state to sell or offer to sell motor fuel at a price lower than the seller charges other persons at the same time and on the same level of distribution, if the intent of the sale or offer is to injure competition.
3. It is unlawful for a person engaged in commerce in this state to sell or transfer motor fuel to itself or an affiliate for resale in this state on a different marketing level of distribution at a transfer price lower than the price it charges a person who purchases for resale at the same time and on the same level of distribution, if the intent of the sale or transfer is to injure competition.
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(L. 1993 S.B. 374, A.L. 1995 H.B. 414)
(1996) Amendment to section by CCS/SS/SCS/HS/HB 414, Eighty-Eighth General Assembly, First Regular Session, which deleted the words "or effect" after the word "intent" in subdivisions (1) and (2) of subsection 1, subsection 2, and subsection 3, held unconstitutional as violating the single subject requirement of article III, section 23. Missouri Petroleum Marketers Association, et al. v. State of Missouri, et al. and Voss Oil, Inc., Case No. CV195-989CC (Cole County Circuit Court, 11/20/96), appeal dismissed, No. 79535 (Supreme Court of Missouri, 6/19/97).
(2004) Concept of injury is confined to action of lowering posted prices to injure a competitor by forcing it to sell product below cost, thus forcing the competitor to operate business at a loss. State ex rel. Nixon v. Quiktrip Corp., 133 S.W.3d 33 (Mo.banc).
Structure Missouri Revised Statutes
Title XXVI - Trade and Commerce
Chapter 416 - Monopolies, Discriminations and Conspiracies
Section 416.011 - Title of act.
Section 416.021 - Definitions.
Section 416.031 - Restraint of trade prohibited.
Section 416.041 - Exempt organizations and activities.
Section 416.051 - Penalties — attorney general to prosecute — civil penalty for contempt.
Section 416.071 - Injunctive relief by circuit courts authorized.
Section 416.081 - Antitrust revolving fund — how used — source of funds.
Section 416.111 - Refusal to testify prohibited — criminal immunity granted.
Section 416.121 - Who may sue — prevailing plaintiff to be awarded attorney's fees and costs.
Section 416.141 - How construed as to comparable federal acts.
Section 416.151 - State's remedies to be cumulative — only one monetary recovery on any one act.
Section 416.161 - Severability clause.
Section 416.410 - Definitions.
Section 416.415 - Selling or advertising milk at less than cost prohibited — evidence.
Section 416.420 - Discrimination in price between localities — evidence.
Section 416.425 - Sales by retailers at less than cost — evidence.
Section 416.430 - Sale by bulk milk handler at less than cost — evidence.
Section 416.435 - Sales of milk in combination with other products at less than cost — evidence.
Section 416.445 - Sales and advertisements exempt from law, when.
Section 416.450 - Complaints, investigation by director — actions to restrain violations.
Section 416.455 - Person injured by violation may intervene in or bring injunction action.
Section 416.460 - Rules, authority, promulgation, procedure.
Section 416.465 - Director may subpoena and swear witnesses — enforcement of subpoena.
Section 416.470 - Director may employ auditing firm.
Section 416.475 - Bond of complainant, liability.
Section 416.480 - Remedies exclusive.
Section 416.485 - Actions barred, when.
Section 416.495 - Milk control fund, source and purpose.
Section 416.500 - Nonresident manufacturers, processors and distributors to pay license fee.
Section 416.505 - Operation without license enjoined — "stop-sale" orders, issuance — appeal.
Section 416.510 - Nonresident subject to Missouri judicial process, when.
Section 416.515 - Process, form.
Section 416.520 - Service of process, how made.
Section 416.525 - Notice of service of process, form.
Section 416.530 - Personal service authorized, how served.
Section 416.535 - Proof of service by mailing.
Section 416.540 - Provisions for service on nonresidents in addition to other methods.
Section 416.545 - Venue of actions.
Section 416.550 - Continuance of action as to nonresident.
Section 416.555 - Secretary of state to keep record of process.
Section 416.560 - Secretary of state's fee as costs.
Section 416.600 - Citation of law.
Section 416.605 - Definitions.
Section 416.610 - Transfer prices, public disclosure required.
Section 416.615 - Sale below cost or at lower price, prohibited when.
Section 416.620 - Allowable practices.
Section 416.635 - Civil action by injured party authorized.
Section 416.654 - Cause of action available to targets of bad faith assertions.
Section 416.656 - Attorney general's authority — awards credited to antitrust revolving fund, when.
Section 416.658 - Other remedies not limited — inapplicability of act, when.