(a)

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 47-25-623

  • Dealer: means any person, firm, corporation, or partnership engaged in the sale of petroleum products to the public at retail. See Tennessee Code 47-25-602
  • Distributor: means any person, firm, partnership, or corporation engaged in the sale of petroleum or related products at wholesale to dealers. See Tennessee Code 47-25-602
  • Franchise: includes a contract or agreement under which such dealer is granted authority to occupy premises owned, leased, or in any way controlled by a producer or distributor, which premises are to be employed for the sale or distribution of petroleum or related products under the producer or distributor's petroleum trademark, trade name, service mark, or other identifying symbol or name which is controlled by the distributor or producer. See Tennessee Code 47-25-602
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Producer: means any person, firm, partnership or corporation engaged in the drilling, pumping, importing, refining, or wholesaling of petroleum and related products under a trademark, trade name, service mark, or other identifying symbol or name whether or not such organization distributes such products to dealers. See Tennessee Code 47-25-602
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) It is unlawful for any refiner, distributor, or producer of petroleum products engaged in business in this state, either directly or indirectly, to discriminate in prices between purchasers for petroleum products of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such petroleum products are sold for use, consumption, or resale within the state of Tennessee, and where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them; provided, that nothing in this section shall prevent:

(A) Differentials which make only due allowances for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such petroleum products are to such purchasers sold or delivered;
(B) Dealers engaged in selling petroleum products in commerce within the state of Tennessee from selecting their own customers in bona fide transactions and not in restraint of trade;
(C) Price changes from time to time where in response to changing conditions affecting the market for or the marketability of the petroleum products concerned, including, but not limited to, distress sales under court process, or sales in good faith in discontinuance of businesses in the goods concerned; and
(D) A franchisor, distributor, or producer of petroleum products from lowering its price for petroleum products to any purchaser or purchasers when such lower price was made in good faith to meet an equally low price of a competitor.
(2) It is unlawful for any refiner, distributor, or producer of petroleum products to refuse to make available, upon written request of any dealer who has a franchise agreement with the refiner, distributor, or producer, a schedule of dealer tank wagon prices then charged dealers of the refiner, distributor, or producer for motor gasoline sold within the state of Tennessee.
(b) A violation of this section is a Class C misdemeanor.
(c) Nothing in this section shall apply to the purchase of petroleum products for their own use by state and local agencies.
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