Okla. Stat. tit. 79, § 79-204
This is the official text of Okla. Stat. tit. 79, § 79-204, part of Oklahoma’s Stat. tit. 79, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 79,." Browse the sections below, each linked to its official government source.
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Unlawful discrimination in price between different
Official statutory text
purchasers of commodities.
It shall be unlawful and shall be deemed a Class C2 felony
offense for any person engaged in commerce, in the course of such
commerce, either directly or indirectly, to discriminate in price
between different purchasers of commodities of like grade and
quality, where either or any of the purchases involved in such
discrimination are in commerce, where such commodities are sold for
use, consumption, or resale within this state, 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 herein contained
shall prevent differentials which make only due allowance for
differences in the cost of manufacture, sale, or delivery resulting
from the differing methods or quantities in which such commodities
are to such purchasers sold or delivered; provided further, that
nothing herein contained shall prevent persons engaged in selling
commodities, wares, or merchandise in commerce from selecting their
Oklahoma Statutes - Title 79. Trusts and Pools Page 6
own customers in bona fide transactions and not in restraint of
trade; provided further, that nothing herein contained shall prevent
price changes from time to time where in response to changing
conditions affecting the market for or the marketability of the
commodities concerned, including, but not limited to, actual or
imminent deterioration of perishable commodities, obsolescence of
seasonal commodities, distress sales under court process, or sales
in good faith in discontinuance of business in the commodities
concerned. Nothing herein contained shall prevent a seller
rebutting the prima facie case thus made by showing that his or her
lower price to any purchaser or purchasers was made in good faith to
meet an equally low price of a competitor.
It shall be unlawful and shall be deemed a Class C2 felony
offense for any person engaged in commerce, in the course of such
commerce, either directly or indirectly, to discriminate in price
between different purchasers of commodities of like grade and
quality, where either or any of the purchases involved in such
discrimination are in commerce, where such commodities are sold for
use, consumption, or resale within this state, 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 herein contained
shall prevent differentials which make only due allowance for
differences in the cost of manufacture, sale, or delivery resulting
from the differing methods or quantities in which such commodities
are to such purchasers sold or delivered; provided further, that
nothing herein contained shall prevent persons engaged in selling
commodities, wares, or merchandise in commerce from selecting their
Oklahoma Statutes - Title 79. Trusts and Pools Page 6
own customers in bona fide transactions and not in restraint of
trade; provided further, that nothing herein contained shall prevent
price changes from time to time where in response to changing
conditions affecting the market for or the marketability of the
commodities concerned, including, but not limited to, actual or
imminent deterioration of perishable commodities, obsolescence of
seasonal commodities, distress sales under court process, or sales
in good faith in discontinuance of business in the commodities
concerned. Nothing herein contained shall prevent a seller
rebutting the prima facie case thus made by showing that his or her
lower price to any purchaser or purchasers was made in good faith to
meet an equally low price of a competitor.
Status: in_force · Read it on the official government site
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