Alabama § 8-22-18 Prima Facie Showing of Violation of Chapter

Alabama Statutes

§ 8-22-18 — Prima Facie Showing of Violation of Chapter

Alabama § 8-22-18

Title 8Commercial Law and Consumer Protection

Ch. 22Motor Fuel Marketing

This text of Alabama § 8-22-18 (Prima Facie Showing of Violation of Chapter) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 8-22-18 (2026).

Text

In any action brought under Sections 8-22-15, 8-22-16 or 8-22-17, upon a prima facie showing of a violation, the burden of rebutting the prima facie case thus made by showing justification shall shift to the defendant. A prima facie showing of a violation shall be constituted if the plaintiff shows:

(1)That the plaintiff’s purchase price from a refiner or wholesaler is greater than said refiner’s transfer price; or

(2)That the plaintiff’s purchase price from a refiner or wholesaler plus the plaintiff’s cost of doing business is greater than said refiner’s or wholesaler’s retail posted sales price; or

(3)That the plaintiff’s basic cost of motor fuel plus the plaintiff’s cost of doing business is greater than the posted sales price at a retail location of a competitor, within the plaintif

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In any action brought under Sections 8-22-15, 8-22-16 or 8-22-17, upon a prima facie showing of a violation, the burden of rebutting the prima facie case thus made by showing justification shall shift to the defendant. A prima facie showing of a violation shall be constituted if the plaintiff shows:
(1) That the plaintiff’s purchase price from a refiner or wholesaler is greater than said refiner’s transfer price; or
(2) That the plaintiff’s purchase price from a refiner or wholesaler plus the plaintiff’s cost of doing business is greater than said refiner’s or wholesaler’s retail posted sales price; or
(3) That the plaintiff’s basic cost of motor fuel plus the plaintiff’s cost of doing business is greater than the posted sales price at a retail location of a competitor, within the plaintiff’s marketing area, suspected of selling motor fuel in violation of this chapter.