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U.S. Code as of:
01/19/04
Section 13. Discrimination in price, services, or facilities
(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.
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