(a) (1) Any person engaged in the business of buying any crude oil for manufacture or sale thereof, who shall discriminate between different pools of crude oil in this state by purchasing crude oil at a lower price in one (1) pool than is paid for crude oil of the same kind, quality, and grade by that person in another pool after making due allowance for the difference, if any, in the reasonable cost of transportation from the locality of purchase to the locality of manufacture or sale, shall be deemed guilty of unfair discrimination, which is prohibited and declared to be unlawful.
(2) Provided, however, any person engaged in the business of buying any crude oil for the manufacture or sale thereof shall not be guilty of unfair discrimination if such person is responding to or competing with or matching prices offered by other purchasers of crude oil for manufacture or sale thereof.
(b) Any person who shall be convicted of unfair discrimination, as defined by this section:
(1) Shall be fined for each offense not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000); and
(2) Shall be enjoined, upon the application of the State of Arkansas or any person injured by that discrimination, from engaging directly or indirectly in the business of purchasing any such commodities.
(c) Any person injured by that discrimination shall recover treble the amount of his or her damages resulting from that unfair discrimination, and the costs and expenses of the litigation, including a reasonable attorney's fee to be fixed by the court.
(d) As used in this section:
(1) "Person" means any individual, firm, corporation, partnership, association, trustee, receiver, or assignee for the benefit of creditors;
(2) "Pool" shall have the same meaning as that term is defined and used in ยงยง 15-71-101 -- 15-71-112, 15-72-101 -- 15-72-110, 15-72-205, 15-72-212, 15-72-216, 15-72-301 -- 15-72-324, and 15-72-401 -- 15-72-407.
(e) The provisions hereof shall be held cumulative of each other and of all other laws in any way affecting them now in force in this state.
Section: 15-74-502 NextLast modified: November 15, 2016