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Introduced Version House Bill 2067 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2067


(By Delegate Louisos)

[Introduced February 14, 2001; referred to the

Committee on the Judiciary then Finance.]





A BILL to amend article eleven-a, chapter forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-a, relating to unfair trade practices; providing that predatory pricing is unlawful; providing criminal penalty.

Be it enacted by the Legislature of West Virginia:

That article eleven-a, chapter forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section three-a, to read as follows:

ARTICLE 11A. UNFAIR TRADE PRACTICES.

§47-11A-3a. When discrimination in pricing prohibited; penalty.

It is unlawful for any retailer or wholesaler to engage in the predatory pricing of goods. As used in the section, "predatory pricing" means discrimination in price between different purchasers of goods of like grade and quality, where the effect of the discrimination is to injure competitors and destroy competition. The term "predatory pricing" does not include: (1) Differences in price that make allowance for differences in the cost of manufacture, sale, or delivery resulting from different methods or quantities in which goods are sold and delivered, when quantities do not exceed limits for a particular commodity or class of commodities set by the Federal Trade Commission; (2) price changes in response to changing conditions affecting the market for or marketability of the goods; or (3) sales in good faith in discontinuance of business in the goods concerned. Nothing in this section prohibits retailers or wholesalers from selecting their own customers, when selection of customers is otherwise lawful and is not in violation of federal law governing restraint of trade. Any person resorting to the practice of predatory pricing is guilty of a misdemeanor and, upon conviction, is subject to the penalty set forth in section eleven of this article.


NOTE: The purpose of this bill is to provide that certain discriminatory pricing practices prohibited under the federal Robinson-Patman Act are also unlawful under West Virginia law.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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