646.050
Establishing prima facie case of discrimination; justification of
discrimination.
Upon proof being made, in any suit or other proceeding in which any violation
of ORS 646.010 to 646.180 is at issue, that there has been discrimination in
price, or in services or facilities furnished, or in payment for services or
facilities rendered or to be rendered, the burden of rebutting the prima facie
case thus made by showing justification is upon the person charged with the
violation; but this section does not prevent a seller rebutting the prima facie
case so made by showing that the lower price of the seller, or the payment for
or furnishing of services or facilities to any purchaser or purchasers was made
in good faith to meet an equally low price of a competitor or the services or
facilities furnished by a competitor.
Notes of Decisions
Top Service Body Shop, Inc. v. Allstate Insurance (1978)
or · cites it 4×
“ORS 646.050 provides that once the discrimination itself is shown, "the burden of rebutting *219 the prima facie case thus made by showing justification is upon the person charged with the violation.”
Redmond Ready-Mix, Inc. v. Coats (1978)
or · cites it 5×
“1 Defendants denied liability and alleged several affirmative defenses, including the defense that defendants’ prices were "made in good faith to meet the prices believed to have been charged by * * * plaintiff,” as provided by ORS 646.050. The trial court found, after a…”
Forster v. Kawasaki Motors Corp. (1985)
orctapp · cites it 3×
“” *449 ORS 646.050. Accordingly, whether legitimate business factors existed to justify the favorable credit terms extended to Kawasaki City by defendant was a question of fact.”
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