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University of Missouri School of Law

Missouri Law Review

Competition

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Does Competition Constitute An Injury - Defining Injury In The Missouri Motor Fuel Marketing Act, Timothy D. Steffens Jun 2005

Does Competition Constitute An Injury - Defining Injury In The Missouri Motor Fuel Marketing Act, Timothy D. Steffens

Missouri Law Review

The purpose of the Missouri Motor Fuel Marketing Act (MFMA) 2 is to prevent predatory pricing in the motor fuel retail industry that would ultimately harm consumers through monopolistic takeovers.3 The Act prohibits certain below-cost sales of motor fuel by a retailer intended to or having the effect of unfairly diverting trade from a competitor, inducing the purchase of other merchandise, or otherwise injuring competitors.4 In State ex rel. Nixon v. QuikTrip Corp., the Missouri Supreme Court interpreted certain language in the MFMA for the first time. The court defined the statutory terms "competitor" and "injure," and established what the …