3. 1995) (ANote that the section says >a reasonable price= and not >fair market value of the goods.= These two would not be identical.@). Approved communications from Motiva, including our subsidiaries, will be sent using an @motiva.com email address. The buyer established that by trade custom and usage the sellers of asphalt on the island of Oahu, Hawaii price protected their buyers by providing notice of price increases and an opportunity for the buyer to complete projects bid under the old price. Houston, Texas Area. When you don't recognize a charge on your credit card statement, the first thing to rule out is the possibility that you simply don't recognize the merchant name from the statement description. What company does Bob Steinberg work for? Code ' 2.305(b). Shell=s price to its dealers is referred to as the DTW (Adealer tank wagon@) price because it includes delivery to the dealer=s station by a Shell tanker truck. Younger and older investors alike can use these Vanguard funds to build a well-performing retirement portfolio. Motiva Port Arthur, Texas, Refinery Restarts Hydrocracker After Repair -Sources. at KLA-Tencor, Orthodontist at Arctic Smiles Orthodontics BBB reports on known marketplace practices. Motiva has no relationship with this company. (Will be shown publicly) (Be concise and clear. Home; Categories. 1 complaints closed in last 12 months. The court of appeals reversed and remanded the case for trial, concluding that the Dealers had raised fact issues about Shell=s subjective good faith when setting its DTW price. 61980AAD5 (144A) and U61999AC9 (Reg. Bel 06-24235399 The credit card or debit card charge MOTIVA ENTERPRISE HOUSTON TEXAS was first spotted on December 18, 2021. Shell Reduces Bankcard Processing Fees Convenience at The sender requests you click on a link or otherwise provide them with your personal information, such as Social Security Number, bank account number, or password. Shell and the Shell Pecten are trademarks of Royal Dutch Shell Group. 664 F.2d at 778. . ; see also Tex. 102 S.W.3d 205. . Code ' 1.201(b)(20). Fla. 1999), aff=d, 333 F.3d 1248 (11th Cir. (37). Shell announces the completion of the transaction to separate Company Description: Motiva is an investment-grade, independent, and entrepreneurial enterprise. red devils mc brooklin. 1995) (noting that Athe subjective rule never prevailed in Article 2 with respect to merchants@ and that in Avarious other articles of the Code there has been a movement from subjective to objective definitions of good faith@). at 2. (3). Johnson & Johnson, VP of Data Science at Livongo [hiring data scientists, ML researchers, ML engineers and data analysts] (25). Free and open company data on Texas (US) company MOTIVA ENTERPRISES LLC (company number 0703846823), P.O. And even if there were evidence of this, Shell submits it would not raise a fact issue about its good faith because section 2.305 does not require a competitive price or the lowest price available. The dealers claim that the refiner=s pricing practices are forcing them out of business and therefore are not in good faith. On 25 May 2012, Motiva officially completed its expansion of the refinery to a capacity of 600,000 bbl/d (95,000 m 3 /d) making it the largest refinery in North America and the fifth largest in the world. Jobbers operate fleets of trucks to pick up gasoline at refiners= terminals and distribute it to their own stations or to independent ones. (4). Motiva Enterprises, LLC, is an American company that operates as a fully-owned affiliate of Saudi Aramco. The most enjoyable part of the job were the people. But in the normal case a "posted price" or a future seller's or buyer's "given price," "price in effect," "market price," or the like satisfies the good faith requirement. Id. Office App, Consultant data engineer chez BLECKWEN Comparative assessments and other editorial opinions are those of U.S. News Reliability, quality and service are the bedrock of your business. Good faith is defined elsewhere in the Code to mean Ahonesty in fact and the observance of reasonable commercial standards of fair dealing. As the court in Wayman observed, A[i]t is abundantly clear . There are 24 storage and distribution terminals. Id. Scam Be the first to review! U.S. Silica Company, Product Life Cycle Manager at Seagate | Scam Charge Understand these guidelines for picking stocks before investing. Tex. You can explore additional available newsletters here. (14). 0000950129-99-000930.txt SEC.gov Contact, DEBIT CARD PURCHASE NEWS LIMITED SURRY HILLS AUS, TICKETS THEATRICAL PRODUCERS (EXCEPT MOTION PICTURES) TICKET AGENCIES, V1876 27/02 REFER SIGNED RECEIPT LIDCOMBE 74940523060, POS DEBIT GOOGLE *TEMPORARY HOLD G.CO/HELPPAY. 1997) (same). Thus, they adopted a safe harbor, Comment 3's posted price presumption, to preserve the practice of using Asellers= standard prices@ while seeking Ato avoid discriminatory prices. 05-1720 In re Payment Card Interchange Fee and Merchant at [1] For management and discovery purposes the trial court agreed to limit the initial trial to Houston Dealers only. Is the original crypto making another comeback? Motiva Enterprises LLC Company Profile | Houston, TX Dun BBB asks third parties who publish complaints, reviews and/or responses on this website to affirm that the information provided is accurate. 20. Code ' 2.305 cmt. at [10] In March 2017, Royal Dutch Shell plc signed definitive agreements with Saudi Refining Inc. that gave full ownership of refining and marketing joint venture Motiva Enterprises, LLC to Saudi Refining.[1][2]. [9], In 2016, Motiva obtained an exclusive license for the 76 gasoline brand on the east coast, previously a West Coast-only brand. Bob Steinberg's Willingness to Change Jobs. Instead contact us directly. When you buy through links on our site, we may earn an affiliate commission. It was in normal operation by Monday. 10x your recruitment & sales conversations. There are several ways to recognize if an email is fraudulent: The email comes from an email addressotherthan @motiva.com. Fraudulent emails are often sent from addresses such as @gmail.com, @yahoo.com, or @hotmail.com., The email has a generic greeting, such as hello customer or hello user.. 15 U.S.C. '' @ Id. ' PP*BELTWAY8SOU SAN JOSE CA. BOX 21169 in Houston (in Harris County), Texas 77226, the location GPS coordinates are: 29.7604267 (latitude), -95.3698028 (longitude). 2801-2806. Reveal at (11). at 1346-47. SHARECARE MED R SHARECARE MED REC 8582441811. (b) A price to be fixed by the seller or by the buyer means a price for him to fix in good faith. Some jobbers are wholesale distributors, selling Shell-branded and unbranded gasoline to stations operated by independent business owners. Instead, the Dealers submit that the definition of good faith incorporates two elements: a subjective element, Ahonesty in fact,@ and an objective element, Athe observance of reasonable commercial standards of fair dealing. Get reviews, hours, directions, coupons and more for Motiva Enterprises at 500 Dallas St, Houston, TX 77002. our ContactOut Chrome extension. Shell argues that these circumstantial factors are either irrelevant, unrelated to Shell=s pricing, or unsupported by the record. The DTW price is typically higher than the rack price, although Shell does not set either price in relation to the other. OnlineMarketingBusiness | B2B Inbound Marketing & Sales, Recruiting for one of the fastest growing startups in Amsterdam The trial court concluded that the refiner had established its good faith as a matter of law, but the court of appeals reversed the summary judgment, concluding that circumstantial evidence raised a fact issue about the refiner=s good faith. Tribune Media, Regional Sales Manager at Basware Amgen, Software Development Engineer at Amazon Web Services Wunderman, Chief Technology Officer (CTO) at GlobalLogic EQUIPINNOVATIVETECHSUR 866-9949603 CA. See 2 James J. When a contract for the sale of goods does not specify a price, section 2.305 of the Uniform Commercial Code[2] supplies default rules for determining whether a contract exists and what the price should be. Pros. at Motiva Enterprises Wikipedia Energy secretary hails $7 billion Motiva refinery expansion & Com. Seeking New Opportunity, You can customize this invitation Because we conclude that the refiner established as a matter of law that its price was fixed in good faith as defined in the Code, we reverse the judgment of the court of appeals and render judgment that plaintiffs take nothing. The DTW price, the captive nature of the franchisee relationship, and the business losses suffered by the Dealers are variations of the same theme: Shell=s DTW price is too high for the Dealers to compete with other gasoline retailers. We collaborate closely with our suppliers to serve our customers and champion innovation. (12). 1981), and Allapattah Serv., Inc v. Exxon Corp., 61 F. Supp. Process Engineer in Texas, Introversion (I), Intuition (N), Thinking (T), Judging (J), There's 93% chance that Bob Steinberg is seeking for new opportunities, Ik help IT bedrijven(AI, BI) aan new business via LinkedIn en Inbound sales. HOUSTON (Reuters) - Motiva Enterprises restarted the large hydrocracker at its 626,000-barrel-per-day (bpd) Port Arthur, Texas, refinery over the weekend after completing repairs to the large . Motiva Enterprises owns and operates the Port Arthur Refinery in Port Arthur, Texas. Interesse? Credit/AML Analyst (Current Employee) - Houston, TX - March 13, 2018. (16). Our 2,700 dedicated US employees embody the idea of success born out of team effort. Can you help? Bob Steinberg's personal email We agree with Shell that the court of appeals= list of circumstantial factors are not evidence that Shell lacked good faith when fixing its DTW price. Houston, TX 77210. Moreover, the court=s description of the Dealers as A>captive buyers= required to purchase Shell-branded gas at Shell=s price@ is not evidence of bad faith or an abnormal case within the meaning of Comment 3. 102 S.W.3d at 214-15. 113, 186 (1951). at ; . We will only interact with you using one of these two names. Claim this profile to get thousands of free views! Instead. If you are contacted by an entity using a variant of Motivas name with an offer of product under terms that vary significantly from the market average or requesting payment in advance for services, such as those related to storage costs, permits or approvals, or transportation tariffs, you are likely being targeted as part of a scam. 5 Archives Page 2513 of 3913 CardFlash Payment Card Visit Website. It's been a wild ride for Bitcoin over the last 14 years. Other jobbers are also independent retail dealers, selling Shell-branded and unbranded gasoline directly to the public. Code ' 2.305 cmt. Well guide you through the process. (18). Ahead of the July 4th Travel Weekend Shell Service Stations But good faith under section 2.305(b) does not mandate a competitive price for each individual Dealer, nor could it. @ See Tex. Motiva to trade refined products apart from co-owner Shell AffiliatePal is reader-supported. Because the court concluded that the Dealers had presented sufficient circumstantial evidence on Shell=s subjective intent to drive them out of business, it reversed the summary judgment. Its as simple as that. Motiva Enterprises LLC (Motiva) announced today the expiration of the previously announced cash tender offer (the Offer) for any and all of its outstanding 6.85% senior notes due January 15, 2040 (CUSIP Nos. (23). They will not help you. sovereign consulting inc. NH.gov The credit card or debit card charge MOTIVA ENTERPRISES QPS HOUSTON TX was first spotted on April 09, 2014. (c) When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other may at his option treat the contract as cancelled or himself fix a reasonable price. Finally, Shell sells branded and unbranded gasoline to jobbers. at UBS , the world's largest wealth manager, on Tuesday signalled the possibility of resuming share buybacks later this year after generating more income than expected in the first six months and as it boosted Prime Minister Kyriakos Mitsotakis called a European Union deal on a post-pandemic recovery fund a "national success" that would allocate Greece around 72 billion euros ($82.38 billion) to help deal with UBS , the world's largest wealth manager, saw net profit drop 11% in the second quarter as higher trading activity failed to offset a pandemic-induced slump in retail and corporate banking. Although the contracts with the Dealers do not require them to buy Shell gasoline exclusively from Shell itself, agreements between Shell and its jobbers effectively eliminate the only major alternative source for Shell-branded gasoline. (17). motiva enterprises charge on credit card Seminario Bblico In this case, we must decide whether the price fixed by a refiner for the sale of its gasoline under an open-price-term contract with its dealers was in good faith as required by section 2.305(b) of the Texas Business and Commerce Code. What is MOTIVA ENTERPRISE HOUSTON TEXAS? Shell and the Shell Pecten are trademarks of Royal Dutch Shell Group. [3] Official Comment 3 to section 2.305(b) further elaborates on the good faith requirement, creating a presumption in the normal case that a seller=s posted price or price in effect is also a good faith price: 3. Get in touch to share your skills and experience. We recommend that you do not respond to any suspicious emails or any email you do not trust. . Moreover, Shell argues that the fact that some franchisees have experienced declining sales, lost money, or gone out of business does not raise a fact issue about whether Shell had a bad-faith plan to price them out of business. Although price discrimination was the type of aberrant case on the minds of the drafters, price discrimination is merely a subset of what constitutes such an aberrant case. @), aff=d, 185 F.3d 865 (table), 1999 WL 393666 (9th Cir. Group means indicated Jobbers may have distribution agreements with several refiners simultaneously. You already receive all suggested Justia Opinion Summary Newsletters. Dealers are only Acaptive@ as a result of their own choice to become Shell-branded lessee dealers, which involved their agreement to buy gasoline from Shell at the DTW price, rather than at rack or some other price. PO Box 4369. 102 S.W.3d 205. Employees were very knowledgeable and respectful. (30). How can I tell if an email is fraudulent? This section is one of a series of provisions in Article 2 of the Code that fill common Agaps@ in commercial contracts. / Malvaux > Non class > motiva enterprises houston tx charge / 15.02.22 motiva enterprises houston tx charge . According to Shell, the chief concern of the drafters in adopting section 2.305(b) was to prevent suppliers from charging two buyers with identical pricing provisions different prices for arbitrary or discriminatory reasons. Both of these cases recognize that a price, commercially reasonable on its face, may nevertheless be applied in a dishonest fashion. Likewise, the court of appeals concludes that this is not the normal case because the price, although commercially in line with that charged by other refiners to their lessee dealers, may have been motivated by an improper underlying purpose to eliminate some dealerships. STACKED PRODUCTS 877-2081922 FLUS. The Dealers respond that Shell=s concept of good faith and the Anormal case@ under section 2.305 is too narrow. at Fall 2007/Winter 2008 Texas Workforce Commission Theyre a genuine part of our success, committed to the same practice of excellence that we are. motiva enterprises charge on credit card city of palm bay public works director husband, jacob henderson texas motiva enterprises charge on credit card Recent Posts (6). GlobalLogic, Vice President, Commercial Operations at Roche Diagnostics Included in the comparison are branded and unbranded jobbers who pick up their gasoline at terminals, open dealers who own their own premises, and company-owned stores operated by other refiners. These REITs offer investors real estate exposure and a steady income stream. Id. the c in the acronym cali opsec at 454-55. Search for other Oil & Gas Exploration & Development in Houston on The Real Yellow Pages. Most contracts for the sale of goods specify a price, but some do not because either the parties fail to consider the issue directly or purposefully leave it for later determination. According to the court, this evidence generally included: (1) the DTW price itself, which was on the high end of the wholesale pricing spectrum, (2) the Acaptive@ nature of relationship between Shell and its franchisees, and (3) the general decline in the business fortunes of Shell franchisees. BBB is here to help. Shell moved for summary judgment on Dealers= good-faith pricing claims, contending that it was entitled to judgment as a matter of law because it charged a posted price applied uniformly to all Dealers and was a commercially reasonable price as well. Thus, if these Dealers were charged the same DTW price by another refiner who did not have a similar plan to thin their ranks, presumably the price would pass muster under the Dealers= view of section 2.305. What industry does Bob Steinberg work in? (Section 2 103). Sices gc600 manual. The email is written using poor English and includes grammatical errors. Shell=s agreements with the Dealers prohibit them from selling any gasoline except Shell-branded gasoline. (36), Motiva Enterprises, LLC men threatened to kill the Prices and stole their cash, credit cards, jewelry,. 1998); Richard Short Oil Co. v. Texaco, Inc., 799 F.2d 415, 422 (8th Cir. In support of its interpretation, the court cited NanakuliPaving & Rock Co. v. Shell Oil Co., 664 F.2d 772, 806 (9th Cir. at address is [emailprotected]***.***. Customer Reviews are not used in the calculation of BBB Rating, Need to file a complaint? Master limited partnerships offer reliable and robust payouts for investors. (31). at 457. Motiva communicates via email only where an established commercial relationship between Motiva and a supplier or customer already exists. The competitive circumstances of each Dealer in the same pricing zone may vary from station to station, and yet Shell must treat them all the same. Hydroprocessing Subject Matter Expert at Motiva Enterprises LLC. 2d 195, 205 (Cal. iSoftBet, President & CEO at RxAdvance . As a matter of policy, BBB does not endorse any product, service or business. (2). Insight Global, Senior Algorithm Engineer at KLA What do you think? On 25 May 2012, Motiva officially completed its expansion of the refinery to a capacity of 600,000bbl/d (95,000m3/d) making it the largest refinery in North America and the fifth largest in the world. But in both of these cases, the allegation of bad faith resulted in a commercial injury distinct from the price increase itself. It is not apparent, however, why the intent behind a commercially reasonable, non-discriminatory price should matter for purposes of a breach of contract claim under section 2.305(b). 2d 1308, 1322 (S.D. The 105,000-bpd hydrocracker 2 (HCU-2) was shut on Friday to repair a seal on the main charge pump, the sources said. Although the subjective element of good faith may have a place elsewhere in the Code, see, e.g., La Sara Grain Co. v. First Nat'l Bank, 673 S.W.2d 558, 562-63 (Tex. 1984) (applying subjective good faith to a negotiable instrument), we do not believe this subjective element was intended to stand alone as a basis for a claim of bad faith under section 2.305. 2002), which also involved open-price contracts between an oil refiner and its dealer/franchisees. [11], Last edited on 18 February 2023, at 06:37, Motiva Enterprises' co-owners to split U.S. refineries on May 1: sources, Shell completes sale of Motiva assets to Saudi Aramco, How Saudi Arabia successfully defended its U.S. oil market share, "Aspects of the Refining/Marketing Joint Ventures of Shell Oil, Star Enterprises, and Texaco", Motiva Announces Progress on Refinery Expansion Project, https://en.wikipedia.org/w/index.php?title=Motiva_Enterprises&oldid=1140061699, Partnership ended in 2017, Shell sold its part to Saudi Aramco which became the whole owner, This page was last edited on 18 February 2023, at 06:37. at 1312-13. White & Robert S. Summers, Uniform Commercial Code ' 17.6 at 167 (4th ed. motiva enterprises charge on credit card Osteo Injertos Amoco Oil Co., 923 F. Supp. (27). See, e.g., Tom-Lin Enters., Inc., 349 F.3d at 281-83; Havird Oil Co., 149 F.3d at 290-91; Richard Short Oil Co., 799 F.2d at 422; Wayman, 923 F. Supp. How BBB Processes Complaints and Reviews. 1986); Waymanv. Yield-hungry investors can make use of a variety of income-generating assets. anne boleyn ghost photo Bob Steinberg's Email Addresses & Phone Numbers. These ETFs offer a range of investing strategies. BLECKWEN, Senior Software Engineer at Porch Arctic Smiles Orthodontics, Electrical Engineer/BIM Manager at Redwood Electric Group When considering complaint information, please take into account the company's size and volume of transactions, and understand that the nature of complaints and a firm's responses to them are often more important than the number of complaints. FT505.1 20092017 State.gov at SQ *CAP CITY MUFFLER gosq.com CA. Is this your business? Health care stocks dominate this year's biggest stock market gainers. and have not been previously reviewed, approved or endorsed by any other Redwood Electric Group, Senior Software Engineer at Google 499, 509 (E.D. Operations & Process Technology Summit American Fuel Justice O=Neill, Justice Schneider, and Justice Brister did not participate in the decision. at In this instance, the Code imposes on Shell the obligation of good faith when fixing its DTW price under the Dealer Agreement, providing that A[a] price to be fixed by the seller or by the buyer means a price for him to fix in good faith. @ Am. Shop Full Width; Shop With Sidebar; . Motiva Enterprises Houston RX Learn about the "Motiva Enterprises Houston Rx" charge and why it appears on your credit card statement. 102 S.W.3d at 214 (A73-80% of [the Dealers=] Houston competition paid rack price B or lower B for gas . To balance these concerns, the drafters created a presumption under Official Comment 3 that a Aposted price@ or Aprice in effect@ is a good faith price that may be rebutted only by evidence of discrimination. 9th Cir. Sign up for our free summaries and get the latest delivered directly to you. Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! @ Tex. The Dealers themselves concede that Shell is not obligated to price its gasoline with their interests in mind or to protect them from competition. Any lack of subjective, honesty-in-fact good faith is abnormal; price discrimination is only the most obvious way a price-setter acts in bad faith B by treating similarly-situated buyers differently. Shell points out that the Dealers= own expert agreed that the lessee dealer is Aa class of trade whose economic viability is dying@ due to broader market forces, including the entry of mass merchandisers into gasoline retailing. @ See Tex. san rafael swell recreation area camping . Terms and Conditions of the Shell Fuel Rewards Program [5] Motiva operates as a distributor of Shell and 76 branded gasolines within its operating territory. at This site is protected by reCAPTCHA and the Google. I dont know who they are but they have been fined before of criminal actions and they are a fraud. In many ways, our story is just beginning. The seller, however, abandoned this practice, raising the price without notice. at 1332; T.A.M., Inc., 553 F. Supp. Here's what the experts suggest. The court concluded that these allegations were not the normal case contemplated under section 2.305 if there was evidence that the refiner double charged to recover its costs of credit while representing to its buyers that its price was net of credit costs. If you receive such proposals claiming to be sent by or on behalf of Motiva, pleasecontact usat or contact your local police. @ Id. DEPARTMENT STORES. If you are approached by someone claiming to represent Motiva, please be advised of the following: Motiva uses two entities to interact with suppliers and customers: Motiva Enterprises LLC and Motiva Trading LLC. CT Seagate Technology, Paranoid at Verizon Media MOTIVA Emprise Financial Corporation USPTO .report (19). Mon-Fri (8am - 6pm) Sat-Sun (10am - 2pm) Uae . Install a QR code reading app on your smartphone to scan and convert it to Motiva Enterprises LLC contact information. Basware, Managing Director - Healthcare at Lincoln International Motiva's products include diesel, gasoline, liquefied petroleum gas (LPG), aviation fuel, and lubricants which it supplies to American states in the South, Mid-Atlantic, and the Northeast. entities, such as banks, credit card issuers or travel companies. Bus. (35). at Consider these diversified no-load fund picks for your retirement or taxable investment accounts. Marketing outlets include 5200 Shell and 76-branded service stations. Motiva has been made aware that an entity using Motiva in its name, Motiva Ltd Tank Terminal, is holding itself out as an operator of petroleum storage facilities in Houston, Texas, and Rotterdam, Netherlands, and has solicited transactions under that name. See Tex. See Mathis, 302 F.3d at 457. 5 free lookups per month. Id. Shell Launches Get $25 Back Promo CSP Daily News Even small-time investors can get into high-priced real estate with these seven REIT ETFs that pay dividends. Find accurate personal and work emails for over 250M professionals. We can help. Ranked #953 out of 19,061 for Process Engineer in Texas Section title. We cannot agree that a relatively high, yet commercially reasonable, price is evidence of bad faith. Motiva Enterprises owns and operates the Port Arthur Refinery in Port Arthur, Texas. (5). The Dealers rely extensively on the Fifth Circuit Court of Appeals= recent decision in Mathis v. Exxon Corp., 302 F.3d 448 (5th Cir. If you choose to do business with this business, please let the business know that you contacted BBB for a BBB Business Profile. We know we play a significant role in the communities that we operate in. 76 is a registered trademark owned by Phillips 66 Company. at The court reasoned, however, that this safe harbor was not absolute because it applied only to Anormal cases,@ or those cases in which an open price term was set with subjective good faith. But see Wilson v. Amerada Hess Corp., 773 A.2d 1121 (N.J. 2001); E.S. Sunbelt Rentals, Data Engineer What is Bob Steinberg's role at Motiva Enterprises LLC? (24). The posted-price presumption did not apply, according to the court, because the dispute was not about price but rather the Amanner in which the wholesale price was calculated without considering the doubled charge for credit card processing. at maurielle lue natural hair / Uncategorized / motiva enterprises charge on credit card . WalletHub Bus. Good faith includes observance of reasonable commercial standards of fair dealing in the trade if the party is a merchant. Motiva uses two entities to interact with suppliers and customers: Motiva Enterprises LLC and Motiva Trading LLC. 1979); see also 1 James J. The DTW pricing provision is an Aopen price term@ governed by section 2.305(b) of the Texas Business and Commerce Code (which corresponds to section 2-305(2) of the Uniform Commercial Code). Shell submits that there is no evidence that its DTW price caused any particular Dealer to fail or be uncompetitive in the market. . 1322, 1332 (D. Kan. 1996) aff=d mem., 145 F.3d 1347 (10th Cir. Plaintiffs are several hundred lessee dealers in seventeen different states who lease service stations and buy gasoline from Shell, operating those stations as independent businesses. The effect is to allow a jury to determine in every section 2.305(b) case whether there was any Aimproper motive animating the price-setter,@ even if the prices ultimately charged were undisputedly within the range of those charged throughout the industry.