2016 Code of Alabama
Title 8 - COMMERCIAL LAW AND CONSUMER PROTECTION.
Chapter 22 - MOTOR FUEL MARKETING.
Section 8-22-18 - Prima facie showing of violation of chapter.
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.
(Acts 1984, No. 84-260, p. 433, §18.)Disclaimer: These codes may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
