CHARLESTON, WV (WVNews.com) — West Virginia’s Supreme Court justices are set to hear an appeal today in a pricing dispute involving Bridgeport gas stations.
West Virginia-based Alan Enterprizes is appealing a Harrison County judge’s dismissal of a 2016 lawsuit claiming one of its competitors, Circle K, was intentionally pricing gas below cost to undercut other dealers.
Alan Enterprizes argues Circle K omitted the federal and state excise taxes from its daily pricing calculations in order to capture a bigger piece of Bridgeport’s limited market.
The local dealer claims a Circle K employee would survey competitors’ prices on a daily basis and log the information into a software program that would then generate Circle K’s price for the day.
Alan Enterprizes insists that, more often than not, Circle K’s price was a penny below its competitors.