To repeal section 416.615, RSMo Supp. 1995, relating to the sale of motor fuel, and to enact in lieu thereof two new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Section 416.615, RSMo Supp. 1995, is repealed and two new sections enacted in lieu thereof, to be known as sections 416.615 and 416.640, to read as follows:

416.615. 1. It is unlawful for any person engaged in commerce within this state to sell or offer to sell motor fuel below cost as defined in subdivision (2) of section 416.605, if:

(1) The intent or effect of the sale or offer is to injure competition; or

(2) The intent or effect of the sale or offer is to induce the purchase of other merchandise, to unfairly divert trade from a competitor, or otherwise to injure a competitor.

2. It is unlawful for any person engaged in commerce within this state to sell or offer to sell motor fuel at a price lower than the seller charges other persons at the same time and on the same level of distribution, if the intent or effect of the sale or offer is to injure competition.

3. It is unlawful for a person engaged in commerce in this state to sell or transfer motor fuel to itself or an affiliate for resale in this state on a different marketing level of distribution at a transfer price lower than the price it charges a person who purchases for resale at the same time and on the same level of distribution, if the intent or effect of the sale or transfer is to injure competition.

416.640. In any action brought pursuant to sections 416.600 to 416.640, a prima facie showing of a violation shall be established upon proof of a sale or offer to sell below cost as defined in subdivision (2) of section 416.605 and injury to competition or to a competitor.