§ 75-82. Unlawful below-cost selling; exceptions. - North Carolina Statutes

§75‑82.  Unlawful below‑cost selling; exceptions.

(a)        It shall beunlawful where the intent is to injure competition for any motor fuel merchantor the affiliate of any motor fuel merchant to sell with such frequency as toindicate a general business practice of selling at a motor fuel outlet anygrade, brand or blend of motor fuel for less than the cost of that grade, brandor blend of motor fuel except where (i) the price is established in good faithto meet or compete with the lower price of a competitor in the same market areaon the same level of distribution selling the same or comparable product oflike quality, (ii) the price remains in effect for no more than 10 days afterthe first sale of that grade, brand or  blend by the merchant at a new retailoutlet, (iii) the sale is made in good faith to dispose of a grade, brand orblend of motor fuel for the purpose of discontinuing sales of that product, or(iv) the sale is made pursuant to the order or authority of any court orgovernmental agency.

(b)        For purposes ofthis Article, motor fuel cost shall be computed separately for each grade,brand or blend of each motor fuel at each location where said motor fuel isoffered for sale; however, nothing in this subsection shall prevent a motorfuel merchant from using a weighted average motor fuel cost for comparablegrade, brand or blend when such motor fuel merchant is supplied by more thanone refiner or terminal supplier at one or more terminals.

(c)        This Article shallapply only to retail sales of motor fuel at  motor fuel outlets. (1985(Reg. Sess., 1986), c. 972, s. 1.)