Code of Alabama
Ala. Code § 8-22-6 (2026)
Certain Below Cost Fuel Sales Prohibited.
✓ official Alabama Legislature (ALISON) text, current July 2026
It shall be unlawful for any person engaged in commerce in this state to sell or offer to sell motor fuel below cost or to sell or offer to sell it at a price lower than the seller charges other persons on the same day and on the same level of distribution, within the same market area, where the effect is to injure competition.
(Acts 1984, No. 84-260, p. 433, §6.)
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1987–2024 · leading case: McGuire Oil Co. v. Mapco, Inc., 612 So. 2d 417 (Ala. 1992).
McGuire Oil Co. v. Mapco, Inc., 612 So. 2d 417 (Ala. 1992). “The plaintiffs allege that the defendant sold motor fuel below cost in violation of § 8-22-6, part of the AMFMA. Specifically, the plaintiffs claim that between May 1, 1984, and December 31, 1988, the defendant sold gasoline "below cost" for 596 days at its Old Shell Road retail…”
Home Oil Co., Inc. v. Sam's East, Inc., 199 F. Supp. 2d 1236 (M.D. Ala. 2002). “” 1975 Ala.Code § 8-22-6. In order to establish a prima-facie case of a violation of the AMFMA, the plaintiff must show (1) a sale of gasoline below cost, and (2) an injurious effect on competition.”
Home Oil Co. Inc. v. Sam's East, Inc., 252 F. Supp. 2d 1302 (M.D. Ala. 2003). “See § 8-22-6. 2 . The court notes that Sam’s/Dr.”
State Ex Rel. Galanos v. Mapco Petroleum, 519 So. 2d 1275 (Ala. 1987). “The question remains whether this intent provision of § 8-22-3 applies to the actual penalty provisions: "§ 8-22-6. Certain below cost fuel sales prohibited.”
McGuire Oil Co. v. Mapco Petroleum, Inc., 763 F. Supp. 1103 (S.D. Ala. 1991). “Ala. Code § 8-22-6 . The Alabama Supreme Court resolved this ambiguity in State Ex Rel.”
S. Oil Co. Inc v. Lehigh Gas Wholesale Servs. Inc (N.D. Ala. 2024). “at 10 ¶¶ 10–11); Ala. Code § 8-22-6 ; id. § 8-22-4(16). Plaintiffs contend that “[a]t various and regular times since July of 2021,” Lehigh has sold gasoline “at prices that were lower than its cost.”
Home Oil Co., Inc. v. Sam's East, Inc., 202 F. Supp. 2d 1307 (M.D. Ala. 2002). “’s station located at 3440 Ross Clark Circle in Dothan, Alabama, at a retail price per gallon that is less than defendant Sam’s East, Inc.”
McGuire Oil Co. v. Mapco, Inc., 958 F.2d 1552 (1992). “Ala.Code § 8-22-6. Subsequent to the enactment of the AMFMA, the plaintiffs, who, as members of the Alabama Oilmen’s Association (“AOA”), were instrumental in *1555 the Act’s passage, began to monitor the sales of gasoline in the Mobile area to discover any below-cost sales of…”
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