Sec. 57.305. DISCRIMINATION IN PRICES OF NEW EQUIPMENT. (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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.
Last modified: September 28, 2016