This article shall be known and may be cited as the “Below Cost Sales Act.” History. Code 1981, § 10-1-250 , enacted by Ga. L. 1985, p. 458, § 1; Ga. L. 2017, p. 774, § 10/HB 323. The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the […]
As used in this article, the term: “Person” means an individual, partnership, association, corporation, joint-stock company, or business trust. “Product” means octane or cetane rated fuels for use in the propulsion of motor vehicles. “Purchase” includes any acceptance or receipt of product by a person from a related entity. “Related entity” of a person means […]
For the purposes of this article, a transfer price from a related entity to a person is reasonable (1) if it is the same or greater than the price that such related entity contemporaneously charges unrelated persons at the same level of distribution and in the same geographic area as the person for a similar […]
For the purposes of this article, “cost” shall be computed as follows: When product is purchased by a person from an independent entity, the lowest invoice cost to the person from the independent entity for product of like grade and quality within 15 days prior to the date of resale of the product by the […]
It shall be unlawful for any person engaged in the sale of octane or cetane fuels in this state, in the course of such sales, either directly or indirectly: To sell product below cost; or To discriminate in price between different purchasers of product of like grade and quality, where either or any of the […]
Any person who sustains or is threatened with competitive injury by reason of a violation of this article may maintain an action in any superior court of this state having jurisdiction over the defendant to enjoin such violation. A successful petitioner shall be entitled to recover reasonable attorneys’ fees and costs of litigation. In addition […]
It is the intent of the General Assembly that, in construing Code Section 10-1-254, due consideration and great weight be given to the interpretation of the federal courts relating to Section 2 of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C. Sections 13(a)-(f). History. Code 1981, § 10-1-256 , enacted by Ga. […]
