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Introduced Version House Bill 2100 History

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H. B. 2100

(By Delegate Louisos)

[Introduced February 9, 2005 ; referred to the

Committee on the Judiciary.]

A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §47-11A-3a , relating to unfair trade practices; providing that predatory pricing is unlawful; and providing a criminal penalty.

Be it enacted by the Legislature of West Virginia:

That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §47-11A-3a , to read as follows:


§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 thereof, 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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