§ 13. — Discrimination in price, services, or facilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC13]
TITLE 15--COMMERCE AND TRADE
CHAPTER 1--MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
Sec. 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.
(Oct. 15, 1914, ch. 323, Sec. 2, 38 Stat. 730; June 19, 1936, ch. 592,
Sec. 1, 49 Stat. 1526.)
Amendments
1936--Act June 19, 1936, amended section generally.
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 Act, as the Robinson-Patman Antidiscrimination Act, and also as
the Robinson-Patman Price Discrimination Act.
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.
