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.)
Notes of Decisions
State Ex Rel. Galanos v. Mapco Petroleum, 519 So. 2d 1275 (Ala. 1987).
· cites it 2× “); to fines of up to $10,000 per day and injunctions for violations (§ 8-22-16); to actions brought by persons suffering injury (§ 8-22-17); and to prima facie showings by such plaintiffs of violations by defendants (§ 8-22-18). Mapco presents arguments relating to various of…”
Home Oil Co. Inc. v. Sam's East, Inc., 252 F. Supp. 2d 1302 (M.D. Ala. 2003).
· cites it 2× “) Section 8 — 22 — 8(b) reads as follows: 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…”
McGuire Oil Co. v. Mapco Petroleum, Inc., 763 F. Supp. 1103 (S.D. Ala. 1991).
“In fact, section 8-22-18 of the AMFMA, which allowed a plaintiff to establish a prima facie case by simply showing that the defendant marketer sold below the plaintiff marketer’s cost, was struck down as unconstitutional in Mapco.”
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