§ 15-74-501 - Prohibition against discrimination in purchase price of crude oil from different pools.
               	 		
15-74-501.    Prohibition against discrimination in purchase price of crude oil from different pools.
    (a)    (1)  Any  person engaged in the business of buying any crude oil for manufacture  or sale thereof, who shall discriminate between different pools of crude  oil in this state by purchasing crude oil at a lower price in one (1)  pool than is paid for crude oil of the same kind, quality, and grade by  that person in another pool after making due allowance for the  difference, if any, in the reasonable cost of transportation from the  locality of purchase to the locality of manufacture or sale, shall be  deemed guilty of unfair discrimination, which is prohibited and declared  to be unlawful.
      (2)  Provided,  however, any person engaged in the business of buying any crude oil for  the manufacture or sale thereof shall not be guilty of unfair  discrimination if such person is responding to or competing with or  matching prices offered by other purchasers of crude oil for manufacture  or sale thereof.
(b)  Any person who shall be convicted of unfair discrimination, as defined by this section:
      (1)  Shall be fined for each offense not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000); and
      (2)  Shall  be enjoined, upon the application of the State of Arkansas or any  person injured by that discrimination, from engaging directly or  indirectly in the business of purchasing any such commodities.
(c)  Any  person injured by that discrimination shall recover treble the amount  of his or her damages resulting from that unfair discrimination, and the  costs and expenses of the litigation, including a reasonable attorney's  fee to be fixed by the court.
(d)  As used in this section:
      (1)  "Person"  means any individual, firm, corporation, partnership, association,  trustee, receiver, or assignee for the benefit of creditors;
      (2)  "Pool"  shall have the same meaning as that term is defined and used in       15-71-101 -- 15-71-112, 15-72-101 -- 15-72-110, 15-72-205, 15-72-212,  15-72-216, 15-72-301 -- 15-72-324, and 15-72-401 -- 15-72-407.
(e)  The  provisions hereof shall be held cumulative of each other and of all  other laws in any way affecting them now in force in this state.