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

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

Oregon law prohibits price discrimination between different purchasers of commodities or services of like grade and quality [1.2]. Therefore, charging different prices to different customers may be considered price discrimination and may be prohibited under Oregon law.

However, there are some exceptions to this rule. 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 the commodities are sold or delivered to purchasers are allowed [1.2]. Additionally, persons engaged in selling goods, wares or merchandise, or service or output of a service trade, in commerce from selecting their own customers in bona fide transactions and not in restraint of trade are also allowed [1.2].

If you are charging different prices to different customers, you must ensure that the price differentials are based on differences in the cost of manufacture, sale, or delivery, or that you are selecting your own customers in bona fide transactions and not in restraint of trade. Otherwise, you may be in violation of Oregon’s discrimination laws.

Requirements for Displaying Prices

If you operate a service station, business, or other place for the purpose of retailing and delivering gasoline, diesel, or other fuel into the tanks of motor vehicles, you must display the lowest cash prices charged for the sale of the lowest grades of gasoline, diesel, or other fuel on a sign visible from the street [1.4]. If you display a cash price that is available only under some conditions, you must clearly state the conditions on the sign and the dispensing device used for delivering that kind of fuel into the tanks of motor vehicles [1.4].

Conclusion

In summary, charging different prices to different customers may be considered price discrimination and may be prohibited under Oregon law. However, there are exceptions to this rule, such as differentials which make only due allowance for differences in the cost of manufacture, sale, or delivery, or selecting your own customers in bona fide transactions and not in restraint of trade. If you operate a service station, business, or other place for the purpose of retailing and delivering gasoline, diesel, or other fuel into the tanks of motor vehicles, you must display the lowest cash prices charged for the sale of the lowest grades of gasoline, diesel, or other fuel on a sign visible from the street and clearly state any conditions for cash prices.

Source(s):
Jurisdiction

Oregon