Full/Raw
Text of 15 USC §13
Cite.
15 USC Sec. 13 01/05/99
Expcite.
Title 15 - Commerce and Trade; Chapter 1 - Monopolies and
Combinations In Restraint of Trade
Head. Sec.
13. Discrimination in price, services, or facilities
Statute.
(a)
Price; selection of customers It shall be unlawful for any person
engaged in commerce, in the course of such commerce, either directly or
indirectly, to discriminate in price between different purchasers of
commodities of like grade and quality, where either or any of the
purchases involved in such discrimination are in commerce, where such
commodities are sold for use, consumption, or resale within the United
States or any Territory thereof or the District of Columbia or any
insular possession or other place under the jurisdiction of the United
States, and where the effect of such discrimination may be
substantially to lessen competition or tend to create a monopoly in any
line of commerce, or to injure, destroy, or prevent competition with
any person who either grants or knowingly receives the benefit of such
discrimination, or with customers of either of them: Provided, That
nothing herein contained shall prevent differentials which make only
due allowance for differences in the cost of manufacture, sale, or
delivery resulting from the differing methods or quantities in which
such commodities are to such purchasers sold or delivered: Provided,
however, That the Federal Trade Commission may, after due investigation
and hearing to all interested parties, fix and establish quantity
limits, and revise the same as it finds necessary, as to particular
commodities or classes of commodities, where it finds that available
purchasers in greater quantities are so few as to render differentials
on account thereof unjustly discriminatory or promotive of monopoly in
any line of commerce; and the foregoing shall then not be construed to
permit differentials based on differences in quantities greater than
those so fixed and established: And provided further, That nothing
herein contained shall prevent persons engaged in selling goods, wares,
or merchandise in commerce from selecting their own customers in bona
fide transactions and not in restraint of trade: And provided further,
That nothing herein contained shall prevent price changes from time to
time where in response to changing conditions affecting the market for
or the marketability of the goods concerned, such as but not limited to
actual or imminent deterioration of perishable goods, obsolescence of
seasonal goods, distress sales under court process, or sales in good
faith in discontinuance of business in the goods concerned.
(b)
Burden of rebutting prima-facie case of discrimination. Upon proof
being made, at any hearing on a complaint under this section, that
there has been discrimination in price or services or facilities
furnished, the burden of rebutting the prima-facie case thus made by
showing justification shall be upon the person charged with a violation
of this section, and unless justification shall be affirmatively shown,
the Commission is authorized to issue an order terminating the
discrimination: Provided, however, That nothing herein contained shall
prevent a seller rebutting the prima-facie case thus made by showing
that his lower price or the furnishing of services or facilities to any
purchaser or purchasers was made in good faith to meet an equally low
price of a competitor, or the services or facilities furnished by a
competitor.
(c)
Payment or acceptance of commission, brokerage, or other compensation
It shall be unlawful for any person engaged in commerce, in the course
of such commerce, to pay or grant, or to receive or accept, anything of
value as a commission, brokerage, or other compensation, or any
allowance or discount in lieu thereof, except for services rendered in
connection with the sale or purchase of goods, wares, or merchandise,
either to the other party to such transaction or to an agent,
representative, or other intermediary therein where such intermediary
is acting in fact for or in behalf, or is subject to the direct or
indirect control, of any party to such transaction other than the
person by whom such compensation is so granted or paid.
(d)
Payment for services or facilities for processing or sale It shall be
unlawful for any person engaged in commerce to pay or contact for the
payment of anything of value to or for the benefit of a customer of
such person in the course of such commerce as compensation or in
consideration for any services or facilities furnished by or through
such customer in connection with the processing, handling, sale, or
offering for sale of any products or commodities manufactured, sold, or
offered for sale by such person, unless such payment or consideration
is available on proportionally equal terms to all other customers
competing in the distribution of such products or commodities.
(e)
Furnishing services or facilities for processing, handling, etc. It
shall be unlawful for any person to discriminate in favor of one
purchaser against another purchaser or purchasers of a commodity bought
for resale, with or without processing, by contracting to furnish or
furnishing, or by contributing to the furnishing of, any services or
facilities connected with the processing, handling, sale, or offering
for sale of such commodity so purchased upon terms not accorded to all
purchasers on proportionally equal terms.
(f)
Knowingly inducing or receiving discriminatory price It shall be
unlawful for any person engaged in commerce, in the course of such
commerce, knowingly to induce or receive a discrimination in price
which is prohibited by this section.
Source.
(Oct. 15, 1914, ch. 323, Sec. 2, 38 Stat. 730; June 19, 1936, ch. 592,
Sec. 1, 49 Stat. 1526.)
Miscellaneous
Amendments.
Short
Title. Act June 19, 1936, which amended this section and
added sections 13a, 13b, and 21a of this title, is popularly known as
the Robinson-Patman Antidiscrimination Act and also as the Robinson-Patman
Price Discrimination Act.
Cross
References.
-
Administrative
authority to enforce compliance with this section, see section 21 of
this title.
-
Exemption
of non-profit institutions from provisions of this section, see
section 13c of this title.
-
Power
of Federal Trade Commission to prevent unfair trade practices, see
section 45 of this title.
Robinson-Patman
Antidiscrimination Act Referred to in Other Sections. The
Robinson-Patman Antidiscrimination Act (15 U.S.C. 13 to 13b, 21a) is
referred to in sections 13b, 13c, 21a, 1013, 3301 of this title; title
10 section 7430; title 16 section 2602; title 30 sections 184, 1413;
title 42 sections 5909, 6202; title 43 section 1331; title 45 section
791; title 46 App. section 1702; title 49 section 10706; title 50 App.
section 2158.
Section
Referred to in Other Sections. This section is referred to in
sections 21, 21a, 26 of this title; title 28 section 1407; title 30
section 184.
