Oklahoma § 79-204 - Unlawful discrimination in price between different

§ 79-204. Unlawful discrimination in price between different

purchasers of commodities.

It shall be unlawful and shall be deemed a Class C2 felony

offense for any person engaged in commerce, in the course of such

commerce, either directly or indirectly, to discriminate in price

between different purchasers of commodities of like grade and

quality, where either or any of the purchases involved in such

discrimination are in commerce, where such commodities are sold for

use, consumption, or resale within this state, and where the effect

of such discrimination may be substantially to lessen competition or

tend to create a monopoly in any line of commerce, or to injure,

destroy, or prevent competition with any person who either grants or

knowingly receives the benefit of such discrimination, or with

customers of either of them; provided, that nothing herein contained

shall prevent differentials which make only due allowance for

differences in the cost of manufacture, sale, or delivery resulting

from the differing methods or quantities in which such commodities

are to such purchasers sold or delivered; provided further, that

nothing herein contained shall prevent persons engaged in selling

commodities, wares, or merchandise in commerce from selecting their

Oklahoma Statutes - Title 79. Trusts and Pools

own customers in bona fide transactions and not in restraint of

trade; provided further, that nothing herein contained shall prevent

price changes from time to time where in response to changing

conditions affecting the market for or the marketability of the

commodities concerned, including, but not limited to, actual or

imminent deterioration of perishable commodities, obsolescence of

seasonal commodities, distress sales under court process, or sales

in good faith in discontinuance of business in the commodities

concerned. Nothing herein contained shall prevent a seller

rebutting the prima facie case thus made by showing that his or her

lower price to any purchaser or purchasers was made in good faith to

meet an equally low price of a competitor.

Added by Laws 1998, c. 356, § 4, eff. July 1, 1998. Amended by Laws

2025, c. 486, § 308, eff. Jan. 1, 2026.