Tex. Bus. & Com. Code 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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.

Source: Section 57.305 — Discrimination in Prices of New Equipment, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­57.­htm#57.­305 (accessed Jun. 5, 2024).

57.001
Short Title 57.002
Definitions 57.003
Waiver of Chapter Void 57.051
Certain Provisions Void 57.052
Change in Ownership or Financial Structure 57.053
Release of Liability Prohibited 57.101
Transfer of Interest in Dealership by Succession 57.102
Approval of Sale or Transfer of Business at Dealer’s Request 57.103
Approval of Sale or Transfer of Business at Request of Personal Representative 57.151
Applicability of Subchapter 57.152
Termination by Dealer 57.153
Termination by Supplier 57.154
Good Cause Determination 57.155
Notice of Termination 57.201
Applicability of Subchapter 57.202
Termination by Supplier 57.203
Good Cause Determination 57.204
Notice of Termination 57.205
Notice of Termination Not Required Under Certain Circumstances 57.251
Definition of Terminate and Termination 57.252
Applicability of Subchapter 57.253
Warranty Claim 57.254
Resubmission of Warranty Claim 57.255
Payment of Warranty Claim 57.256
Warranty Claim for Certain Repair Work or Installation of Replacement Parts 57.257
Audit of Warranty Claims 57.258
Alternate Reimbursement Terms Enforceable 57.301
Coerced Orders, Deliveries, or Refusals to Purchase 57.302
Conditional Purchases of Goods and Services 57.303
Equipment Represented as Available for Immediate Delivery 57.304
Discrimination in Orders 57.305
Discrimination in Prices of New Equipment 57.351
Definition of Terminate and Termination 57.352
Applicability of Subchapter to Several Business Locations Covered by Same Agreement 57.353
Payments or Credits 57.354
Late Payment or Credit 57.355
Liability 57.356
Construction of Subchapter 57.357
Agreement Terminated by Dealer 57.358
Exceptions 57.401
Civil Action 57.402
Choice of Remedies
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Accessed:
Jun. 5, 2024

§ 57.305’s source at texas​.gov