Maine Revised Statutes Title 10 Sec. 1676 – Prohibitions of anticompetitive, unfair and deceptive trade practices
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1. Geographic radius restrictions on new motor fuel outlets. A refiner controlling a retail outlet for the sale of motor fuel oil in a city, town or municipality may not secure control of additional retail outlets for the sale of motor fuel oil within a 2-mile radius of any of its existing retail outlets in that city, town or municipality unless, in the Attorney General’s sole discretion, the Attorney General concludes that the additional outlet will not decrease competition in the retail motor fuel oil market.
[PL 1991, c. 836, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 10 Sec. 1676
- Home heating oil: means #2 fuel oil sold for heating residential, industrial or commercial space or water. See Maine Revised Statutes Title 10 Sec. 1672
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Refiner: means any person who is engaged directly or indirectly or whose affiliate is engaged directly or indirectly in the refining of crude oil, including any person who is engaged directly or indirectly in the production of crude oil who contracts with another person to refine petroleum products for the purpose of resale. See Maine Revised Statutes Title 10 Sec. 1672
- Retail outlet: means a service station or filling station used in the sale of motor fuel in the State, a sales office servicing retail customers by soliciting or accepting orders for the purchase of home heating oil to end users for consumption in the State, or a bulk storage facility or depot used in the sale of home heating oil to end users for consumption in the State. See Maine Revised Statutes Title 10 Sec. 1672
- Retailer: means a person that sells motor fuel oil or home heating oil to an end user for consumption in the State. See Maine Revised Statutes Title 10 Sec. 1672
- Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
- Wholesaler: means a person that sells motor fuel oil or home heating oil for resale through retail outlets and retailers. See Maine Revised Statutes Title 10 Sec. 1672
2. Deceptive sales practices. A retailer, wholesaler or refiner may not misrepresent the efficiency of an oil furnace or engage in a deceptive act or practice in connection with the sale of home heating oil, service or equipment.
[PL 1991, c. 836, §3 (NEW).]
3. Resale price-fixing. A refiner may not fix or maintain the price of motor fuel oil sold by a franchisee, as defined in section 1453, subsection 5.
[PL 1991, c. 836, §3 (NEW).]
4. Unfair trade practices. A retailer, wholesaler or refiner may not engage in any unfair methods of competition or unfair or deceptive trade practices, as defined by the Attorney General through rules issued under section 1682.
[PL 1991, c. 836, §3 (NEW).]
SECTION HISTORY
PL 1991, c. 836, §3 (NEW).