CopyPublished | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 34136, 2005 WL 4858676
...oraneously sells motor fuel of like grade and quality to another person on the same level of distribution, in the same class of trade, and within the same relevant geographic market as the purchaser ... where the effect is to injure competition. Id. § 526.305(1)(a)....
...Plaintiffs contend that Motiva sold the same grade of motor fuel to other retail stations (the Broward Shell and Lexymart Shell) in the same relevant geographic market where the effect was to injure competition. 1. Statute of Limitations The FMFMPA's statute of limitations provides that "a private action brought under s. 526.305 for unlawful price discrimination shall be brought within 2 years from the date the alleged violation occurred or should reasonably have been discovered." Fla....
...The "Relevant Geographic Market" To succeed in a claim under the FMFMPA, a plaintiff must show that a fuel supplier sold motor fuel at a lower price "to another person on the same level of distribution, in the same class of trade, and within the same relevant geographic market as the purchaser." Fla. Stat. § 526.305(1)(a)....
CopyPublished | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 41442, 2005 WL 3418300
...sells motor fuel of like grade and quality to another person on the same level of distribution, in the same class of trade, and within the same relevant geographic market as the purchaser . . . where the effect is to injure competition." Fla. Stat. § 526.305(1)(a)....
CopyPublished | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 27026, 2015 WL 997864
...iolation of this act. §
526.304(2) Fla. Stat. These affirmative defenses are mirrored in the price discrimination provision and are hereinafter referred to as the “meeting competition defense” and the “isolated and inadvertent defense.” See §
526.305(3, 5) Fla....
...ontemporaneous knowledge of other station’s pricing). Sunoco was meeting the prices of competitors within the relevant geographic market in good faith, therefore the pricing on these occasions did not violate the act. §
526.304(2)(b), Fla. Stat.; §
526.305(3), Fla....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 7355, 1991 WL 138897
STONE, Judge. Phillips appeals an order finding it violated the Motor Fuel Marketing Practices Act, section
526.301-526.3135, Florida Statutes (1989), and particularly, section
526.305, and enjoining Phillips from selling gasoline at its company operated retail stations at prices below those it charged at the wholesale level to independent jobbers. We reverse. We have reviewed the record and conclude that the state failed to demonstrate a violation of section
526.305 of the act....
...ale to independent jobbers is at the same level of distribution, for pricing comparison purposes, as a sale of gasoline at the retail pump from Phillips to consumers at the Phillips company operated stations. Phillips asserts that it did not violate section 526.305 by the lower retail price at the pump notwithstanding that the wholesaler and retailer are the same company....
...esale prices occurred. It also argues that the retail prices were set by the stations in good faith to meet the equally low prices of *108 retail competition, conduct expressly authorized as an exception under the Act. Applying the plain language of section 526.305, we conclude that its provisions did not bar the retail pricing in question....
...nother “on the same level of distribution, in the same class of trade.” Rather, a sale to other wholesalers or “middle men,” is a sale “for resale”; as such jobbers will then, in turn, resell to retailers. Further there is no language in section 526.305 indicating that a good faith wholesale sale, reflected on the books, to a wholesaler’s own retail establishments is not a sale for resale....
...ndents, the circumstances which the state finds offensive are simply not covered by the chosen wording of the statute. We recognize that the legislature subsequently amended the statute, apparently to specifically preclude the conduct enjoined here. Section 526.305(4) (New) now specifically provides that it is unlawful for a refiner to sell fuel at its retail outlet below the price it charges under a written wholesale contract to a wholesaler that sells in the relevant market....
...competition. The legislature subsequently amended this section. Because we have not relied on it in reaching our conclusion, we need not address Phillips’ argument that there would be no need for section
526.304 if the state’s interpretation of section
526.305 was adopted....
...This is not an action under state equivalents of Sherman, Robinson-Patman, or F.T.C. Acts, or other general anti-monopoly laws. Therefore, we conclude that the trial court’s finding that appellant’s retail pricing at the time and places in question is illegal under section 526.305, Florida Statutes (1989), was error and the temporary injunction order under review is reversed....
