Trade Practices and Antitrust Regulation

ORS 646.883
Price comparison in advertisement prohibited

  • exceptions


It shall be unlawful for a seller to include a price comparison in an advertisement unless:

(1)

The seller clearly and conspicuously identifies in the advertisement the origin of the price that the seller is comparing to the seller’s current price. The origin of the price that the seller is comparing to the seller’s current price includes but is not limited to the seller’s former selling price, a manufacturer’s list price or a competitor’s price for the same real estate, goods or services.

(2)

The price comparison is in compliance with ORS 646.608 (Additional unlawful business, trade practices) (1)(j) and the rules adopted under ORS 646.608 (Additional unlawful business, trade practices) (4) and compliance is established based on facts provable by the seller. [1987 c.626 §3]
Chapter 646

Notes of Decisions

Subject matter regulated by this chapter is not "preempted" by Federal Robinson-Patman Act so as to render this chapter invalid. W. J. Seufert v. Nat. Restaurant Supply Co., 266 Or 92, 511 P2d 363 (1973)

Whether an injunction should issue when a court finds a violation of the Act is a matter of discretion. State ex rel Johnson v. International Harvester Co., 25 Or App 9, 548 P2d 176 (1976)

This chapter imposes no affirmative duty to inform customers of rates in absence of request, but prohibits making information about prices available to some customers and not others. Wildish Sand & Gravel v. Northwest Natural Gas Co., 103 Or App 215, 796 P2d 1237 (1990), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021