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74TH C ONGRESS. SESS. IT. CIT. 592 . JUNE 19, 1936 . [CHAPTER 592 .] rune 19, 1936 .
AN ACT [H.R.8942.1
To amend section 2 of the Act entitled "An Act to supplement existing laws [Public, No.692 .1
against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914, as amended (U. S . C ., title 15, see. 13), and for other purposes . Be it enacted by the Senate and House o f Representatives o f the Antitrust Act of 1914, United States o f America in Congress assembled, That section 2 of amendment . Vol.38,p.;3o.
the Act entitled "An Act to supplement existing laws against unlaw- U- . S.C.,p.510. ful restraints and monopolies, and for other purposes", app rov ed October 15, 1914, as amended (U . S . C., title 15, sec . 13), is amended to read as follows Discriminations in "SEC . 2 . (a) Th at it shall be unlawful for a ny person engag ed in pric e between differ ent purchasers . commerce , in the course of such comme rce, either dir ectly or indi- rectly, to discriminate in price between different purchasers of com- modities 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 S tates or any Te rritory thereo f or the Distri ct of Columbia or a ny ins ular p ossess ion or other place under the ju risdict ion of the Lessening, etc ., com- Uni ted Stat es, and wher e th e ef fect of such dis crim inat ion may be petition . 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 Provisos .
of such discrimination, or with custo mers of either of them : Pr o- Differentials . vided, That nothing herein contained shall prevent di ffer enti als whic h make only due allowance for differences in the cost of ma nu- facture, sale, or delivery resulting from the differing methods or quantities in which such commodities are to such purchasers sold or Qu ant ity limits . delivered : Provided, however, That the Federal Trade Commission may, after due investigation and hearing to all interested parties, fix and establish q uantity limits, and revise th e same as it finds nece ssary, as to pa rticular commod ities or class es of commoditi es, where it finds that available purchasers in greater quantities are so few as to render differentials on account thereof unjustly discrimi- natory or promotive of monopoly in any line of commerce
- and the
foregoi ng sha ll the n not be cons trued to per mit di fferent ials b ased o n di fferen ces in quanti ties g reater than those s o fixe d and establ ished selection of custom- And provided further, That nothing herein contained shall prevent ers .
persons engaged in selling goods, wares, or merchandise in com- merce from sele cting their own customers in b ona fide trans actions pr ice ch anges . 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 condit ions affecting the market for or the marketability of the goods concerned, such as but not limited to actual or im minent deterio ration of peris hable goods, obs ole sce nce of se asonal goods, distr ess sa les un der cou rt pro cess, or sal es in good faith in discontinuance of business in the goods concerned . Hear ing on co m- "(b) Upon proof being made, at any hearing on a complaint plaint'
under this section, that there has been discrimination in price or Burden of proof.
services or facilities furnished, the burden of rebutting the prima- facie case thus made by showing justification shall be upon the per- son charged with a violation of this section, and unless justification shall be affirmatively shown, the Commission is authorized to issue Lower o.
an order terminating the discrimination : Provided however That er pri ce made in
, good faith to meet c om- nothing herein contained shall prevent a seller rebutting the prima- petition. facie case thus made by showing that his lower price or the furnish- ing of services or facilities to any purchaser or purchasers was made in good faith to meet a n equally low price of a comp etitor, or the serv ices o r faci lities furnis hed by a com petito r .
