(a) A discount or other form of pricing flexibility may not be:
- (1) unreasonably preferential, prejudicial, or discriminatory; or
- (2) predatory or anticompetitive.
- (b) This title does not prohibit a volume discount or other discount based on a reasonable business purpose. A price that is set at or above the long run incremental cost of a service is presumed not to be a predatory price.
- (c) This title allows an offer based on a reasonable business purpose, including an offer made at any time to a selected customer or a group of customers in response to a competitor's offer or a former customer's acceptance of a competitor's offer if the price of the offer meets the requirements of Section 52.0584, 58.063, or 59.031.
- (d) An offer made under Subsection (c) must be made in compliance with Chapter 304, Business & Commerce Code.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 6, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 32, Sec. 1, eff. Sept. 1, 2003.
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.39, eff. April 1, 2009.