(a) It is not a violation of this chapter if a difference exists between the transfer price or sales price of motor fuel of like grade and quality and the price charged to a person who purchases for resale at the same level of distribution, including any discounts, rebates, allowances, services, facilities granted any of a supplier’s own marketing operations in excess of those provided to a person who purchases for resale at the same level of distribution, if the lower price is due to a cost differential incurred because of a difference in shipping method, transportation, marketing, sale or quantity, in which such motor fuel is sold.
(b) 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 and quality or is exempt under Section 8-22-13.
(c) It is not a violation of this chapter for a retailer to offer to sell, or sell, motor fuel in a combined sale with other goods when the retailer’s combined selling price is not below the cost to the retailer of all motor fuel and other goods included in the transactions. A combined sale permitted by this chapter includes both contemporaneous sales and also sales or series of sales that are not contemporaneous, including where the purchaser receives accrued discounts or credits on motor fuel as a result of the purchaser’s earlier purchases of other goods from the retailer.
(Acts 1984, No. 84-260, p. 433, §8; Act 2015-225, §1.)
Notes of Decisions
McGuire Oil Co. v. Mapco, Inc., 612 So. 2d 417 (Ala. 1992).
· cites it 3× “Section 8-22-8 is clear and unambiguous. The statute cannot be read so as to allow one defendant-competitor to undercut another plaintiff-competitor's prices and then contend that by doing so it is meeting competition.”
Home Oil Co. Inc. v. Sam's East, Inc., 252 F. Supp. 2d 1302 (M.D. Ala. 2003).
· cites it 5× “” 1975 Ala.Code § 8-22-8. Therefore, in fine with the intent and the language of the AMFMA, the court concludes that the combined-sale statute does not apply to the instant situation, involving a membership and a later sale of discounted gasoline.”
McGuire Oil Co. v. Mapco Petroleum, Inc., 763 F. Supp. 1103 (S.D. Ala. 1991).
· cites it 3× “Ala.Code § 8-22-8(b). 9. Mapco alleges in its counterclaim that the plaintiffs have conspired to fix prices in violation of sections one and two of the Sherman Act.”
Home Oil Co., Inc. v. Sam's East, Inc., 202 F. Supp. 2d 1307 (M.D. Ala. 2002).
· cites it 2× “is acting in good faith to meet an equally low price of a competitor within the same market area on the same level of distribution selling the same or a similar product of like grade and quantity,- as authorized by 1975 Ala.Code § 8-22-8(b), or from asserting any other…”
Speedway/SuperAmerica, LLC v. Phillips Truck Stop, Inc., 782 So. 2d 255 (Ala. 2000).
· cites it 2× “See § 8-22-8(b), which provides, in part, that "[i]t is not a violation of [the AMFMA] 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…”
— Ala. Code § 8-22-8(b) — 6 cases
Home Oil Co. Inc. v. Sam's East, Inc., 252 F. Supp. 2d 1302 (M.D. Ala. 2003).
“” 1975 Ala.Code § 8-22-8. Therefore, in fine with the intent and the language of the AMFMA, the court concludes that the combined-sale statute does not apply to the instant situation, involving a membership and a later sale of discounted gasoline.”
McGuire Oil Co. v. Mapco, Inc., 612 So. 2d 417 (Ala. 1992).
“Section 8-22-8 is clear and unambiguous. The statute cannot be read so as to allow one defendant-competitor to undercut another plaintiff-competitor's prices and then contend that by doing so it is meeting competition.”
McGuire Oil Co. v. Mapco Petroleum, Inc., 763 F. Supp. 1103 (S.D. Ala. 1991).
“Ala.Code § 8-22-8(b). 9. Mapco alleges in its counterclaim that the plaintiffs have conspired to fix prices in violation of sections one and two of the Sherman Act.”
Home Oil Co., Inc. v. Sam's East, Inc., 202 F. Supp. 2d 1307 (M.D. Ala. 2002).
“is acting in good faith to meet an equally low price of a competitor within the same market area on the same level of distribution selling the same or a similar product of like grade and quantity,- as authorized by 1975 Ala.Code § 8-22-8(b), or from asserting any other…”
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