Code of Alabama
Ala. Code § 8-22-9 (2026)
Unlawful Acts Generally.
✓ official Alabama Legislature (ALISON) text, current July 2026
It shall be unlawful under this section:
(1) For any person engaged in commerce in this state to sell or offer to sell motor fuel at wholesale or retail, as the case may be, where the effect is to injure competition.
(2) For any person, where the effect is to injure competition, to offer a rebate, to offer to give a rebate, to offer a concession of any kind in connection with the sale of motor fuel.
(3) For any retailer to induce or attempt to induce or to procure or attempt to procure the purchase of motor fuel at a price less than cost to wholesaler. Any person who violates any provision of this section shall be subject to the provisions and penalties of this chapter.
(Acts 1984, No. 84-260, p. 433, §9.)
Notes of Decisions
Cited in 4
cases, 1987–2002 · 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). “Mapco provides that "an injurious effect upon competition" is an essential element of an AMFMA violation, as opposed to a mere intent to injure individual competitors.”
State Ex Rel. Galanos v. Mapco Petroleum, 519 So. 2d 1275 (Ala. 1987). “" "§ 8-22-9. Unlawful acts generally. "It shall be unlawful under this section: "(1) For any person engaged in commerce in this state to sell or offer to sell motor fuel at wholesale or retail, as the case may be, where the effect is to injure competition.”
Home Oil Co., Inc. v. Sam's East, Inc., 199 F. Supp. 2d 1236 (M.D. Ala. 2002). “1987), the Alabama Supreme Court identified three sections of the AMFMA which, when necessarily construed together, buttress an actionable claim: § 8-22-3, Legislative declaration and intent 19 ; § 8-22-6, Certain below cost sales prohibited; 20 and § 8-22-9, Unlawful acts…”
McGuire Oil Co. v. Mapco Petroleum, Inc., 763 F. Supp. 1103 (S.D. Ala. 1991). “The Court finds the following language in Mapco controlling: [t]hese provisions [§ 8-22-3, § 8-22-6 and § 8-22-9] must be read in pari materia, and to the extent that the provisions of § 8-22-9 may be read to penalize acts without a finding of both a sale below cost and an…”
— Ala. Code § 8-22-9(1) — 1 case
McGuire Oil Co. v. Mapco, Inc., 612 So. 2d 417 (Ala. 1992). “Mapco provides that "an injurious effect upon competition" is an essential element of an AMFMA violation, as opposed to a mere intent to injure individual competitors.”
— Ala. Code § 8-22-9(2) — 1 case
Home Oil Co., Inc. v. Sam's East, Inc., 199 F. Supp. 2d 1236 (M.D. Ala. 2002). “1987), the Alabama Supreme Court identified three sections of the AMFMA which, when necessarily construed together, buttress an actionable claim: § 8-22-3, Legislative declaration and intent 19 ; § 8-22-6, Certain below cost sales prohibited; 20 and § 8-22-9, Unlawful acts…”
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