Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 57.305 - Discrimination in Prices of New Equipment(a) Except as provided by Subsection (b), a supplier may not discriminate, directly or indirectly, in the price among different dealers with respect to a purchase of equipment or a repair part of like grade and quality and identical brand, where the effect of such discrimination may be to: (1) substantially lessen competition;(2) tend to create a monopoly in any line of commerce; or(3) injure, destroy, or prevent competition with any dealer who either grants or knowingly receives the benefit of such discrimination.(b) A supplier may charge a different price among dealers for purchases described by Subsection (a) if:(1) the price difference is due to differences in the cost of manufacture, sale, or delivery of the equipment or repair part;(2) the supplier can show that the lower price was made in good faith to meet an equally low price of a competitor; or(3) the price difference is related to the volume of equipment purchased by dealers or market share obtained by dealers.Tex. Bus. and Comm. Code § 57.305
Added by Acts 2011, 82nd Leg. - Regular Session, ch. 1039,Sec. 2, eff. 9/1/2011.