Archaic price regulation repeal.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0233

SENATE FILE
NO.
SF0086

Archaic price regulation repeal.

Sponsored by:
Senator(s) Scott and Case and Representative(s) Brown and Stubson

A BILL

for

AN ACT relating to trade and commerce; amending price regulations provisions as specified; repealing duplicative and archaic provisions; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 40
‑
4
‑
101(a)
(intro),
(i)
,
(ii)
, by creating a new paragraph (iv)
, (b)
,
(c)
(iii) and
by creating new paragraphs (v) through (vii) is amended to read:

40
‑
4
‑
101.

What constitutes unfair discrimination; penalty; exceptions.

(a)

Any person, firm
,

or
corporation, foreign or domestic,
or other entity
doing business in the state of Wyoming and engaged in the production, manufacture, sale or distribution of any commodity in general use, shall not:

(i)

With the intent to restrict competition, m
ake, enter into, form or become a party to any plan,
contract,
agreement, consolidation
, merger
or combination of any kind whatsoever to prevent competition or to control or influence production or prices thereof;
or

(ii)

Intentionally
,

and
for the purpose of destroying competition,
or gaining unjust and unreasonable profits,
discriminate between different sections, communities
, counties
or cities of this state
by selling such commodity at a lower rate in one (1) section, community or city, or any portion thereof, than is charged for such commodity in another section, community or city, after equalizing the distance from the point of production, manufacture or distribution and the freight rates therefrom
as to prices, services or other
factors
; or

(iv)

Impose any charge on a customer for using a competing or a different supplier.

(b)

Any person, firm
,

or

corporation
or other entity
violating subsection (a) of this section is guilty of unfair discrimination
and any agreement, contract, whether express or implied, or any provision of an agreement or contract violating subsection (a) of this section is illegal and void to the extent it violates subsection (a) of this section
.

(c)

This chapter shall not:

(iii)

Prevent the sale of goods at
proper
commercial discounts customary in the sale of
such particular
the

goods;

(v)

Prohibit differences in prices, services or other factors which are due to costs, capabilities or to meet competition unless the purpose and effect is to prevent
, limit
or destroy competition or
unless the effect is to impose an additional charge on a customer for using a competing supplier
;

(vi)

Prohibit the development, agreement on and use of standards designed to permit or encourage competition or interoperability among products or services, provided the standards do not include provisions fixing or colluding on the prices or colluding to prevent competition by limiting the availability of the products or services; or

(vii)

Prohibit any person, firm, corporation or other entity from entering into any agreement or contract with a customer which specifies the price charged, or the services furnished, to the customer, or which gives discounts or additional services to the customer for purchasing specified volumes or multiple products, provided that the contract or agreement does not prohibit the customer from purchasing an identical or similar product or any different product from a competing supplier or vendor.

Section 2.
W.S. 40
‑
4
‑
101(a)(iii), (c)(i)
and
(ii) and 40
‑
4
‑
106 through 40
‑
4
‑
121 are repealed.

Section 3.
This act is effective July 1, 2008.

(END)

1
SF0086