HF 590

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor fuels; allowing gasoline to be sold 
  1.3             at retail below cost; amending Minnesota Statutes 
  1.4             1996, section 325D.04. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 325D.04, is 
  1.7   amended to read: 
  1.8      325D.04 [SELLING BELOW COST FORBIDDEN; EXEMPTION.] 
  1.9      Any retailer, wholesaler, subjobber or vending machines 
  1.10  operator engaged in business within this state, who sells, 
  1.11  offers for sale or advertises for sale, any commodity, article, 
  1.12  goods, wares, or merchandise at less than the cost thereof to 
  1.13  such vendor, or gives, offers to give or advertises the intent 
  1.14  to give away any commodity, article, goods, wares, or 
  1.15  merchandise for the purpose or with the effect of injuring a 
  1.16  competitor or destroying competition, shall be guilty of unfair 
  1.17  discrimination; and, upon conviction, subject to the penalty 
  1.18  therefor provided in section 325D.69, subdivision 2.  
  1.19     Any retailer, wholesaler, subjobber or vending machines 
  1.20  operator who sells goods in any part of this state at prices 
  1.21  lower than those exacted by the person elsewhere in the state 
  1.22  for like qualities and grades and where the effect of such lower 
  1.23  prices may be substantially to lessen competition or tend to 
  1.24  create a monopoly in any line of business, or to injure, 
  1.25  destroy, or prevent competition with the person selling at such 
  2.1   lower prices, shall be guilty of unfair competition and subject 
  2.2   to the penalties of section 325D.69, subdivision 2; provided, 
  2.3   that nothing shall prevent differentials in prices in different 
  2.4   localities which make only due allowances for differences in 
  2.5   "cost of doing business" or "overhead expense" and in costs of 
  2.6   delivery for such goods to different localities; nor differences 
  2.7   in prices in an endeavor made in good faith to meet the legal 
  2.8   prices of a competitor selling the same commodity, articles, 
  2.9   goods, wares or merchandise in the same locality or trade area.  
  2.10     The inhibition against sales below cost or locality 
  2.11  discrimination shall embrace any scheme of special rebates, 
  2.12  collateral contracts, or any device of any nature whereby such 
  2.13  discrimination is, in substance or fact, effected in violation 
  2.14  of the spirit and intent of sections 325D.01 to 325D.07.  
  2.15     This section does not apply to the retail sale of gasoline, 
  2.16  as defined in section 296.01, to the public by a gasoline 
  2.17  service station, as defined in section 160.292, subdivision 11. 
  2.18     Sec. 2.  [EFFECTIVE DATE.] 
  2.19     Section 1 is effective the day following final enactment.