Tex. Business & Commerce Code § 57.305
This is the official text of Tex. Business & Commerce Code § 57.305, part of Texas’s Business & Commerce Code — governs commercial transactions and general business practices.
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§ 57.305. DISCRIMINATION IN PRICES OF NEW EQUIPMENT.
Official statutory text
(a) Except as provided by Subsection (b), a supplier may not discriminate, directly or indirectly, in the price among different dealers with respect to a purchase of equipment or a repair part of like grade and quality and identical brand, where the effect of such discrimination may be to:
(1) substantially lessen competition;
(2) tend to create a monopoly in any line of commerce; or
(3) injure, destroy, or prevent competition with any dealer who either grants or knowingly receives the benefit of such discrimination.
(b) A supplier may charge a different price among dealers for purchases described by Subsection (a) if:
(1) the price difference is due to differences in the cost of manufacture, sale, or delivery of the equipment or repair part;
(2) the supplier can show that the lower price was made in good faith to meet an equally low price of a competitor; or
(3) the price difference is related to the volume of equipment purchased by dealers or market share obtained by dealers.
(1) substantially lessen competition;
(2) tend to create a monopoly in any line of commerce; or
(3) injure, destroy, or prevent competition with any dealer who either grants or knowingly receives the benefit of such discrimination.
(b) A supplier may charge a different price among dealers for purchases described by Subsection (a) if:
(1) the price difference is due to differences in the cost of manufacture, sale, or delivery of the equipment or repair part;
(2) the supplier can show that the lower price was made in good faith to meet an equally low price of a competitor; or
(3) the price difference is related to the volume of equipment purchased by dealers or market share obtained by dealers.
Status: in_force · Read it on the official government site
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