§ 75-87 – Private action presumptions.
75-87. Private action presumptions. (a) In any private action brought under this Article, a violation shall be presumed to have occurred if: (i) the prevailing price under G.S. 75-81(4)(a) for any grade, brand or blend of a motor fuel sold by a refiner or terminal supplier to a wholesaler or retailer is greater than the […]
§ 75-88 – Public disclosure.
75-88. Public disclosure. Any refiner or terminal supplier computing prevailing price under the provisions of G.S. 75-81(4)(a)(i) or (ii) shall be required to publicly disclose said price. (1985 (Reg. Sess., 1986), c. 972, s. 1.)
§ 75-89 – Powers and remedies supplementary.
75-89. Powers and remedies supplementary. The powers and remedies provided by this Article shall be cumulative and supplementary to all powers and remedies otherwise provided by law. (1985 (Reg. Sess., 1986), c. 972, s. 1.)
§ 75-90 – Availability of gasoline suitable for blending with fuel alcohol; blender of record.
75-90. Availability of gasoline suitable for blending with fuel alcohol; blender of record. (a) The following definitions apply in this section: (1) Blender. – Defined in G.S. 105-449.60. (2) Distributor. – Defined in G.S. 105-449.60. (3) Fuel Alcohol. – Defined in G.S. 105-449.60. (4) Gasoline. – Defined in G.S. 105-449.60(22)a. (5) Retailer. – Defined in […]
§ 75-84 – Separate offenses; injunctions.
75-84. Separate offenses; injunctions. Each act of establishing a price in violation of this Article shall constitute a separate offense by the seller and the civil penalty for each offense shall be not more than one thousand dollars ($1,000). Upon a proper showing by the Attorney General or his delegate, further violations may be temporarily […]
§ 75-85 – Investigations by Attorney General.
75-85. Investigations by Attorney General. The Attorney General is authorized to investigate any allegation of a violation of this Article made by a motor fuel merchant or by an association or group of motor fuel merchants. If an investigation discloses a violation, the Attorney General may exercise the authority under this Article to seek an […]
§ 75-86 – Private actions.
75-86. Private actions. Any person, corporation, or other business entity which is engaged in the sale of motor fuel for resale or consumption and which is directly or indirectly injured by a violation of this Article may bring an action in the district court district as defined in G.S. 7A-133 or superior court district or […]
§ 75-80 – Title.
75-80. Title. This Article shall be known and may be cited as the "Motor Fuel Marketing Act". (1985 (Reg. Sess., 1986), c. 972, s. 1.)
§ 75-81 – Definitions.
75-81. Definitions. The following terms shall have the meanings ascribed to them in this section unless otherwise stated and unless the context or subject matter clearly indicates otherwise: (1) "Person" shall mean any person, firm, association, organization, partnership, business trust, joint stock company, company, corporation or legal entity. (2) "Sale" shall mean selling, offering for […]
§ 75-82 – Unlawful below-cost selling; exceptions.
75-82. Unlawful below-cost selling; exceptions. (a) It shall be unlawful where the intent is to injure competition for any motor fuel merchant or the affiliate of any motor fuel merchant to sell with such frequency as to indicate a general business practice of selling at a motor fuel outlet any grade, brand or blend of […]