The 2024 Florida Statutes
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. . . (See Doc. 53 at 5); see also § 526.304 Fla. Stat. . . . motor fuel of like grade which can be used in the same motor vehicle, is not a violation of this act. § 526.304 . . . geographic market in good faith, therefore the pricing on these occasions did not violate the act. § 526.304 . . .
. . . The first provision at issue is subsection 526.304(l)(b), Florida Statutes (1995), which provides: “It . . . proof of injury to Deleo alone constituted injury to “competition” within the meaning of subsection 526.304 . . . this case appears to be exactly what was contemplated by the legislature when it enacted subsection 526.304 . . .
. . . Ciro alleged that Sixty Enterprises was selling motor fuel below its cost, in violation of Section 526.304 . . . proof that the low price was necessary to meet the competition, is a party entitled, under Section 526.304 . . . See § 526.304(2)(a), Fla.Stat. (1991). . . . More importantly to the facts of this case, Section 526.304(2)(b) of the Act expressly allows below cost . . . The plain language of Section 526.304 reflects that the right to set prices is left up to the retail . . .
. . . We also note that section 526.304 (1989), not alleged to be violated here, specifically addresses issues . . . reaching our conclusion, we need not address Phillips’ argument that there would be no need for section 526.304 . . .