Missouri Revised Statutes

Mo. Rev. Stat. § 416.615 (2026)

Sale below cost or at lower price, prohibited when

✓ current as of May 2026

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416.615. Sale below cost or at lower price, prohibited when. — 1. It is unlawful for any person engaged in commerce within this state to sell or offer to sell motor fuel below cost as defined in subdivision (2) of section 416.605, if:

(1) The intent of the sale or offer is to injure competition; or

(2) The intent of the sale or offer is to induce the purchase of other merchandise, to unfairly divert trade from a competitor, or otherwise to injure a competitor.

2. It is unlawful for any person engaged in commerce within this state to sell or offer to sell motor fuel at a price lower than the seller charges other persons at the same time and on the same level of distribution, if the intent of the sale or offer is to injure competition.

3. It is unlawful for a person engaged in commerce in this state to sell or transfer motor fuel to itself or an affiliate for resale in this state on a different marketing level of distribution at a transfer price lower than the price it charges a person who purchases for resale at the same time and on the same level of distribution, if the intent of the sale or transfer is to injure competition.

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(L. 1993 S.B. 374, A.L. 1995 H.B. 414)

(1996) Amendment to section by CCS/SS/SCS/HS/HB 414, Eighty-Eighth General Assembly, First Regular Session, which deleted the words "or effect" after the word "intent" in subdivisions (1) and (2) of subsection 1, subsection 2, and subsection 3, held unconstitutional as violating the single subject requirement of article III, section 23. Missouri Petroleum Marketers Association, et al. v. State of Missouri, et al. and Voss Oil, Inc., Case No. CV195-989CC (Cole County Circuit Court, 11/20/96), appeal dismissed, No. 79535 (Supreme Court of Missouri, 6/19/97).

(2004) Concept of injury is confined to action of lowering posted prices to injure a competitor by forcing it to sell product below cost, thus forcing the competitor to operate business at a loss. State ex rel. Nixon v. Quiktrip Corp., 133 S.W.3d 33 (Mo.banc).

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2001–2021 · leading case: State Ex Rel. Nixon v. QuikTrip Corp., 133 S.W.3d 33 (Mo. 2004).

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State Ex Rel. Nixon v. QuikTrip Corp., 133 S.W.3d 33 (Mo. 2004). · cites it 16× “*35 The Motor Fuel Marketing Act, [1] in section 416.615, makes it unlawful for QuikTrip to sell gas below its cost if the intent or effect of the sale or offer is (1) "to injure competition;" or (2) "to induce the purchase of other merchandise, to unfairly divert trade from a…”

Ports Petroleum Co., Inc. of Ohio v. Nixon, 37 S.W.3d 237 (Mo. 2001). · cites it 4× “[2] Section 416.615 in its entirety provides: 1.”

Christopher Westmoreland v. Midwest St. Louis, LLC d/b/a Gas Mart 6 (Mo. Ct. App. 2021). · cites it 13× “635 and § 416.615. Section 416.635 provides that “[a]ny person who is injured in his business or property in a relevant geographic market by reason of anything forbidden or declared unlawful by [the MFMA] may sue therefor in any circuit court of this state .”

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