§ 75-87. Private action presumptions. - North Carolina Statutes

§75‑87.  Private action presumptions.

(a)        In any privateaction brought under this Article, a violation shall be presumed to haveoccurred if: (i) the prevailing price under G.S. 75‑81(4)(a) for anygrade, brand or blend of a motor fuel sold by a refiner or terminal supplier toa wholesaler or retailer is greater than the price of the same grade, brand orblend of motor fuel sold by such refiner or terminal supplier directly throughits own motor fuel outlet or through the outlet of an affiliate of said refineror terminal supplier; or (ii) if the product price of any grade, brand or blendof a motor fuel sold by a wholesaler to a retailer is greater than the retailprice of the same grade, brand or blend of motor fuel sold by such wholesalerthrough its own motor fuel outlet or the outlet of an affiliate of saidwholesaler, provided the method of delivery and quantities of each delivery ofmotor fuel to the retailer and to the wholesaler's outlet or affiliate's outletare the same or comparable.

(b)        A party may rebutthe presumption created by this section by presenting evidence to establish hiscost of the grade, brand or blend of motor fuel in question, or by qualifyingfor an exception under G.S. 75‑82. (1985 (Reg. Sess., 1986), c.972, s. 1.)