SANFORD, N.C. -- The Pantry Inc., which operates a gas station in Gaffney, S.C., has filed a lawsuit in Cherokee County, S.C., against Petro Express Inc., alleging that the competitor's lower per-gallon retail gasoline prices have caused The Pantry-owned station to lose profits.
According to an Associated Press report, The Pantry alleged that Petro Express had kept prices at two of its Gaffney stations below cost.
The Pantry's suit said Petro Express violated South Carolina's Unfair Trade Practices Act. Under the law, motor fuel [image-nocss] retailers cannot set prices below cost if the purpose is impair competitors. The Pantry said it has lost $160,000.
A judge is expected to hear the motion on July 31.
Petro Express, Charlotte, N.C., has 64 stores in the region.
This is not the first such suit for large regional retailer The Pantry. As reported in CSP Daily News, The Pantry filed suit against Sheetz Inc. in spring 2005, claiming it broke North Carolina law by selling gasoline too cheaply at a station in Fuquay-Varina, N.C.
When Sheetz opened the Fuquay store in February 2005the chain's first in the regionit offered regular unleaded gasoline for $1.56 a gallon, which was about 25 cents below the prevailing price at the time. Other area stations, including The Pantry's Kangaroo, matched the price, reportedly creating a run on gas stations in southern Wake County.
Altoona, Pa.-based Sheetz, which operates more than 300 stores in Pennsylvania, West Virginia, Maryland, Virginia, Ohio, as well as three existing stores North Carolina, denied the allegation.
Headquartered in Sanford, N.C., The Pantry is a leading independently operated c-store chain in the southeastern United States and one of the largest independently operated c-store chains in the country, with net sales for fiscal 2005 of approximately $4.4 billion. As of Dec. 29, 2005, the company operated 1,401 stores in 11 states under select banners including Kangaroo Express, its primary operating banner, as well as Golden Gallon and Cowboys. It also recently acquired 38 Shop-A-Snak stores in Alabama, which will be rebranded.
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