Effective - 28 Aug 1993
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)
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.