The Legislature makes the following findings with respect to the marketing of motor fuel in Alabama:
(1) Marketing of motor fuel is affected with the public interest.
(2) Unfair competition in the marketing of motor fuel occurs whenever costs associated with the marketing of motor fuel are recovered from other operations, allowing the refined motor fuel to be sold at subsidized prices. Such subsidies most commonly occur in one of three ways: when refiners use profits from refining of crude oil to cover below normal or negative returns earned from motor fuel marketing operations; and where a marketer with more than one location uses profits from one location to cover losses from below-cost selling of motor fuel at another location.
(3) Independent motor fuel marketers (i.e., dealers, distributors, jobbers, and wholesalers) are unable to survive predatory subsidized pricing at the marketing level by persons when all of an independent’s income comes from marketing operations.
(4) Subsidized pricing is inherently predatory and is reducing competition in the petroleum industry, and if it continues unabated, will ultimately threaten the consuming public.
(Acts 1984, No. 84-260, p. 433, §2; Act 2015-225, §1.)
Notes of Decisions
Home Oil Co., Inc. v. Sam's East, Inc., 199 F. Supp. 2d 1236 (M.D. Ala. 2002).
· cites it 10× “Rather, because, among other things, the AMFMA provides that “Marketing of motor fuel is affected with the public interest,” 1975 Ala. Code § 8-22-2 , the nature of the statute is such that a violation itself presumes irreparable injury.”
State Ex Rel. Galanos v. Mapco Petroleum, 519 So. 2d 1275 (Ala. 1987).
· cites it 2× “We quote in full § 8-22-2, which, together with § 8-22-3, quoted at the beginning of this opinion, tends to establish the legislature's purpose in enacting the Act: "§ 8-22-2.”
McGuire Oil Co. v. Mapco, Inc., 612 So. 2d 417 (Ala. 1992).
“" § 8-22-2. In enacting the AMFMA, the legislature stated its intent: "To encourage fair and honest competition, and to safeguard the public against the creation of monopolies or unfair methods of competition, in transactions involving the sale of, or offer to sell, or…”
Home Oil Co. Inc. v. Sam's East, Inc., 252 F. Supp. 2d 1302 (M.D. Ala. 2003).
· cites it 2× “For then the exception would no longer be an exception but the rule itself, and one of the AMFMA’s core prohibitions, against - “us[ing] profits from nonmotor fuel sales to cover losses from below-cost selling of motor fuel,” 1975 Ala.Code § 8-22-2, would be gutted. (Doc.”
Par. Oil Co., Inc. v. Dillon Companies, Inc., 523 F.3d 1244 (10th Cir. 2008).
“Ala.Code § 8-22-2(2). As a reflection of legislative intent, this finding makes explicit that a sales structure like the Grocery Discount Program would violate the Alabama statute.”
McGuire Oil Co. v. Mapco Petroleum, Inc., 763 F. Supp. 1103 (S.D. Ala. 1991).
“The plaintiffs, on the other hand, point to the language in section 8-22-2(4) of the AMFMA which states that the below-cost selling of motor fuel is “inherently predatory.”
— Ala. Code § 8-22-2(2) — 2 cases
Home Oil Co., Inc. v. Sam's East, Inc., 199 F. Supp. 2d 1236 (M.D. Ala. 2002).
“Rather, because, among other things, the AMFMA provides that “Marketing of motor fuel is affected with the public interest,” 1975 Ala. Code § 8-22-2 , the nature of the statute is such that a violation itself presumes irreparable injury.”
Par. Oil Co., Inc. v. Dillon Companies, Inc., 523 F.3d 1244 (10th Cir. 2008).
“Ala.Code § 8-22-2(2). As a reflection of legislative intent, this finding makes explicit that a sales structure like the Grocery Discount Program would violate the Alabama statute.”
— Ala. Code § 8-22-2(3) — 3 cases
Home Oil Co., Inc. v. Sam's East, Inc., 199 F. Supp. 2d 1236 (M.D. Ala. 2002).
“Rather, because, among other things, the AMFMA provides that “Marketing of motor fuel is affected with the public interest,” 1975 Ala. Code § 8-22-2 , the nature of the statute is such that a violation itself presumes irreparable injury.”
— Ala. Code § 8-22-2(4) — 1 case
McGuire Oil Co. v. Mapco Petroleum, Inc., 763 F. Supp. 1103 (S.D. Ala. 1991).
“The plaintiffs, on the other hand, point to the language in section 8-22-2(4) of the AMFMA which states that the below-cost selling of motor fuel is “inherently predatory.”
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