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

Yes, you can charge different prices to different customers in Virginia, but only if the price differentials make only due allowance for differences in the cost of manufacture, sale, or delivery resulting from the different methods or quantities in which such commodities or services are sold or delivered [2.1]. However, it is unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities or services of like grade and quality, where either or any of the purchasers involved in such commerce are in competition, where such commodities or services are sold for use, consumption, or resale within the Commonwealth 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 [2.1].

If you are a winery or wine importer, you can increase prices charged to wholesale wine licensees by providing written notice to the wholesaler signed by an authorized officer or agent of the winery or wine importer, which notice shall contain the amount and effective date of the increase. No increase shall take effect prior to thirty calendar days following the date on which the notice is postmarked [1.2].

Regarding the use of certain terms in advertising former or comparison prices, a supplier shall not advertise a former or comparison price in terms of “market value,” “valued at” or words of similar import unless such price is the price at which the goods or services, or goods or services of substantially the same kind, quality or quantity, are offered for sale by a reasonable number of suppliers in the supplier’s trade area [3.1].

Therefore, you can charge different prices to different customers in Virginia, but only if the price differentials make only due allowance for differences in the cost of manufacture, sale, or delivery resulting from the different methods or quantities in which such commodities or services are sold or delivered.

Source(s):
Jurisdiction

Virginia