Texas Business & Commerce Code

§ 57.305 — DISCRIMINATION IN PRICES OF NEW EQUIPMENT

BC § 57.305Title 4. BUSINESS OPPORTUNITIES AND AGREEMENTS · Ch. 57. AGRICULTURAL, CONSTRUCTION, INDUSTRIAL, MINING, FORESTRY, LANDSCAPING, AND OUTDOOR POWER EQUIPMENT DEALER AGREEMENTS · Art. G. DELIVERY, SALE, AND RETURN OF EQUIPMENT

Statute text

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(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;

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Legislative history

Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.