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Alabama Code Title 8. Commercial Law and Consumer Protection § 8-22-18

Current as of December 30, 2022 | Updated by FindLaw Staff

In any action brought under Sections 8-22-15, 8-22-16 or 8-22-17, upon a prima facie showing of a violation, the burden of rebutting the prima facie case thus made by showing justification shall shift to the defendant. A prima facie showing of a violation shall be constituted if the plaintiff shows:

(1) That the plaintiff's purchase price from a refiner or wholesaler is greater than said refiner's transfer price;  or

(2) That the plaintiff's purchase price from a refiner or wholesaler plus the plaintiff's cost of doing business is greater than said refiner's or wholesaler's retail posted sales price;  or

(3) That the plaintiff's basic cost of motor fuel plus the plaintiff's cost of doing business is greater than the posted sales price at a retail location of a competitor, within the plaintiff's marketing area, suspected of selling motor fuel in violation of this chapter.

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Cite this article: FindLaw.com - Alabama Code Title 8. Commercial Law and Consumer Protection § 8-22-18 - last updated December 30, 2022 | https://codes.findlaw.com/al/title-8-commercial-law-and-consumer-protection/al-code-sect-8-22-18.html

Read this complete Alabama Code Title 8. Commercial Law and Consumer Protection § 8-22-18 on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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