Can I charge different prices to different customers without violating discrimination laws in Oklahoma? What are the requirements?

According to the Price Discrimination law in Oklahoma ^[2.1], it is unlawful for any person engaged in commerce 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. However, 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 are allowed. Additionally, persons engaged in selling commodities, wares, or merchandise to commerce are allowed to select their own customers in bona fide transactions and not in restraint of trade.

Therefore, it is generally illegal to charge different prices to different customers for the same commodity of like grade and quality in Oklahoma, unless the differentials make only due allowance for differences in the cost of manufacture, sale, or delivery, or the seller is selecting their own customers in bona fide transactions and not in restraint of trade.

Source(s):

• [2.1] Price Discrimination

Jurisdiction

Oklahoma

• General