2006 Utah Code - 13-16-4 — Unlawful sale by persons engaged in commerce.

     13-16-4.   Unlawful sale by persons engaged in commerce.
     (1) It is unlawful for any person engaged in commerce within this state to sell motor fuel in this state below cost as defined in Subsection 13-16-2(2) if the intent or effect of the sale is to:
     (a) injure competition;
     (b) induce the buying of other merchandise;
     (c) unfairly divert trade from a competitor; or
     (d) otherwise injure a competitor.
     (2) It is unlawful for any person engaged in commerce in this state, in the course of such commerce, either directly or indirectly, to:
     (a) sell motor fuel through an affiliate for retail sale in this state on a different marketing level of distribution at a price lower than the price it charges a person who purchases motor fuel of like grade and quality at reasonably the same time for retail sale in this state on the same level of distribution, if the intent or effect of the sale is to injure competition; or
     (b) sell motor fuel for resale in this state at a price lower than the seller charges other persons purchasing motor fuel of like grade and quality at reasonably the same time for resale in this state on the same level of distribution, if the intent or effect of the sale is to injure competition.

Amended by Chapter 283, 2001 General Session