416.615. Sale below cost or at lower price, prohibited when. - Missouri Statutes

Sale below cost or at lower price, prohibited when.

416.615. 1. It is unlawful for any person engaged in commerce withinthis state to sell or offer to sell motor fuel below cost as defined insubdivision (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 ofother merchandise, to unfairly divert trade from a competitor, or otherwiseto injure a competitor.

2. It is unlawful for any person engaged in commerce within thisstate to sell or offer to sell motor fuel at a price lower than the sellercharges other persons at the same time and on the same level ofdistribution, 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 tosell or transfer motor fuel to itself or an affiliate for resale in thisstate on a different marketing level of distribution at a transfer pricelower than the price it charges a person who purchases for resale at thesame time and on the same level of distribution, if the intent of the saleor transfer is to injure competition.

(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).