legislation: 102-s-2043
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| 102-s-2043 | 102 | s | 2043 | Motor Fuel Marketing Competition Enhancement Act | Energy | 1991-11-25 | 1992-10-08 | Placed on Senate Legislative Calendar under General Orders. Calendar No. 806. | Senate | Sen. Simon, Paul [D-IL] | IL | D | S000423 | 0 | Motor Fuel Marketing Competition Enhancement Act - Amends the Clayton Act to include this Act among the "antitrust laws" as defined in such Act. Prohibits a refiner from selling motor fuel to a customer for resale (customer) at a price that is: (1) higher than the refiners's adjusted retail price for the same or similar grade or quality of motor fuel sold from a directly operated outlet in the same geographic area made within ten days of the sale; and (2) lower than the price charged branded dealers in the same geographic area for motor fuel of the same or similar grade or quality within ten days of the sale, except to the extent that the difference in price is attributable to marketing functions, transportation, or other services that the refiner would provide when marketing through affiliated retail outlets. Bars a refiner: (1) from entering into any scheme or agreement to set, change, or maintain the retail price of motor fuel anywhere other than at a directly operated outlet of the refiner (price-fixing); and (2) that engages in dual distribution, during periods of short supply, from discriminating against an established customer by supplying a lesser proportion of such customer's requirements for motor fuel than that supplied to the refiner's directly operated outlets in the same geographical area, or delaying delivery to such customer for a time longer than any delay in deliveries to directly operated outlets in the same geographic area. Declares that the rights, remedies, penalties, and jurisdiction provided under this Act are in addition to those available under the antitrust laws other than this Act. Authorizes the Attorney General of the United States to bring a civil action against a refiner who violates such prohibitions in any U.S. district court in which the defendant resides, is found, or has an agent. Sets penalties of up to $5,000 for each violation, except for the prohibition against price-fixing, in which case the penalty shall be $25,000 for each violation. Grants the U.S. district courts jurisdiction to prevent and restrain violations of this Act. Directs the court to grant such equitable relief as it deems necessary to remedy the effects of any violation. Establishes a private right of action for a customer who is injured by a violation of any such prohibitions, either in the customer's individual capacity or as a representative of a class of similarly situated customers, in any U.S. district court in which the defendant resides, is found, or has an agent. Entitles such a customer to injunctive relief against threatened loss or damage by such a violation. Directs the court to grant such equitable relief as it deems necessary to remedy the effects of the violation. Provides that a customer who purchases motor fuel at a price that is unlawful or who is subjected to discriminatory treatment that is unlawful under this Act shall be considered to have been injured by the violation. Specifies that: (1) a substantially prevailing plaintiff in such an action shall recover for each violation the greater of threefold the actual damages sustained or $5,000, and the cost of suit, including reasonable attorneys' and expert witness fees; and (2) such damages may include the difference between the price paid by the plaintiff for motor fuel and the lawful price. Authorizes a State attorney general to bring a civil action on behalf of State residents in any U.S. district court or State court having jurisdiction over the defendant to secure monetary relief as provided by the Attorney General. Sets forth analogous provisions with respect to civil penalties and equitable relief. Specifies that in a civil action brought by the Attorney General the plaintiff and defendant shall be entitled to a jury trial. Requires refiners: (1) for four years after a sale of motor fuel to a customer for resale or directly operated outlet, to maintain records that establish the adjusted and consumer retail price, cost, cost of consumer and wholesale credit, direct and indirect expenses, fair market retail value, freight, and retail and wholesale operating expenses; and (2) to make available for inspection by a customer during regular business hours all such records that pertain to sales to customers for resale and directly operated outlets in the same geographic area in which the customer is located. Sets criminal penalties for failure to maintain or make available for inspection such records. | 2026-01-07T14:11:22Z |