01-015 C.M.R. ch. 20, § VIII - ENFORCEMENT POLICY; PRESUMPTIVE PRICING

A. Generally. As a general matter, the Commission does not intend to investigate as possible violations of the Destructive Competition Law dealer or retail prices for regulated products that are equal to or greater than so-called presumptive prices for regulated products which the Commission will periodically announce. The Commission may nonetheless investigate prices meeting these criteria if it has cause to believe that the prices may be lower than the cost of the regulated product to the dealer or retail store, as the case may be, and were not set in good faith to meet legal competition.

B. Notification. Once this chapter or any part of it goes into effect, the Commission shall send dealers written notice of the establishment and the subsequent change of the presumptive prices it promulgates. At the time a dealer or retail store offers to sell a regulated product for less than the applicable presumptive price then in effect, the dealer or retail store shall simultaneously notify the Commission in writing and submit information which demonstrates that the offered price is not below its cost or if the price is below its cost, that it is offered in order to meet legal competition, specifying the nature and source of that competition.

Notes

01-015 C.M.R. ch. 20, § VIII