416.620. Allowable practices.

MISSOURI STATUTES AND CODES

Allowable practices.

416.620. 1. It is not a violation of section 416.615 if adifference exists at the same level of distribution between thetransfer price or sale price of motor fuel of like grade andquality and the price charged to a person who purchases forresale, including any discount, rebate, allowance, service orfacility granted to any of a supplier's own marketing operationsin excess of those provided to a person who purchases for resale,if the difference is due to a difference in shipping method,transportation or quantity in which the motor fuel is sold.

2. It is not a violation of section 416.615 if a differenceexists in a transfer price and sale price or between sales pricesat the same marketing level if the difference exists because of agood faith effort to meet the equally low price of a competitor.

3. It is not a violation of subsection 1 of section 416.615if the sale below cost is the result of a good faith effort tomeet the equally low price of a competitor. In determiningwhether a person has set the price at which motor fuel is sold oroffered for sale to meet the price of a competitor, the courtshall consider only whether the seller or offeror has set theprice of motor fuel to match the price at which a competitor hassold or offered motor fuel, without regard to any other itemssold or offered in conjunction with the sale or offer for sale ofthe motor fuel.