15 U.S.C. § 13b — Cooperative association; return of net

Page 21 TITLE 15—COMMERCE AND TRADE § 13b (b) Burden of rebutting prima-facie case of dis- crimination Upon proof being made, at any hearing on a complaint under this section, that there has been discrimination in price or services or facili- ties furnished, the burden of rebutting the prima-facie case thus made by showing justifica- tion shall be upon the person charged with a vio- lation of this section, and unless justification shall be affirmatively shown, the Commission is authorized to issue an order terminating the dis- crimination: 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 fur- nished by a competitor. (c) Payment or acceptance of commission, bro- kerage, 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 com- pensation, or any allowance or discount in lieu thereof, except for services rendered in connec- tion 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 inter- mediary 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 proc- essing 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 cus- tomer of such person in the course of such com- merce 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 cus- tomers competing in the distribution of such products or commodities. (e) Furnishing services or facilities for proc- essing, handling, etc. It shall be unlawful for any person to discrimi- nate in favor of one purchaser against another purchaser or purchasers of a commodity bought for resale, with or without processing, by con- tracting to furnish or furnishing, or by contrib- uting to the furnishing of, any services or facili- ties connected with the processing, handling, sale, or offering for sale of such commodity so purchased upon terms not accorded to all pur- chasers on proportionally equal terms. (f) Knowingly inducing or receiving discrimina- tory 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, § 2, 38 Stat. 730; June 19, 1936, ch. 592, § 1, 49 Stat. 1526.) Editorial Notes AMENDMENTS 1936—Act June 19, 1936, amended section generally. Statutory Notes and Related Subsidiaries SHORT TITLE Act June 19, 1936, which amended this section and added sections 13a, 13b, and 21a of this title, is popu- larly known as the Robinson-Patman Act, as the Rob- inson-Patman Antidiscrimination Act, and also as the Robinson-Patman Price Discrimination Act. § 13a. Discrimination in rebates, discounts, or ad- vertising service charges; underselling in particular localities; penalties It shall be unlawful for any person engaged in commerce, in the course of such commerce, to be a party to, or assist in, any transaction of sale, or contract to sell, which discriminates to his knowledge against competitors of the pur- chaser, in that, any discount, rebate, allowance, or advertising service charge is granted to the purchaser over and above any discount, rebate, allowance, or advertising service charge avail- able at the time of such transaction to said com- petitors in respect of a sale of goods of like grade, quality, and quantity; to sell, or contract to sell, goods in any part of the United States at prices lower than those exacted by said person elsewhere in the United States for the purpose of destroying competition, or eliminating a competitor in such part of the United States; or, to sell, or contract to sell, goods at unreason- ably low prices for the purpose of destroying competition or eliminating a competitor. Any person violating any of the provisions of this section shall, upon conviction thereof, be fined not more than $5,000 or imprisoned not more than one year, or both. (June 19, 1936, ch. 592, § 3, 49 Stat. 1528.) § 13b. Cooperative association; return of net earnings or surplus Nothing in this Act shall prevent a coopera- tive association from returning to its members, producers, or consumers the whole, or any part of, the net earnings or surplus resulting from its trading operations, in proportion to their pur- chases or sales from, to, or through the associa- tion. (June 19, 1936, ch. 592, § 4, 49 Stat. 1528.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as the Robinson-Pat- man Antidiscrimination Act and also as the Robinson- Patman Price Discrimination Act, which enacted sec- tions 13a, 13b, and 21a of this title and amended section 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 13 of this title and Tables. Page 22 TITLE 15—COMMERCE AND TRADE § 13c § 13c. Exemption of non-profit institutions from price discrimination provisions Nothing in the Act approved June 19, 1936, known as the Robinson-Patman Antidiscrimina- tion Act, shall apply to purchases of their sup- plies for their own use by schools, colleges, uni- versities, public libraries, churches, hospitals, and charitable institutions not operated for profit. (May 26, 1938, ch. 283, 52 Stat. 446.) Editorial Notes REFERENCES IN TEXT The Act approved June 19, 1936, known as the Robin- son-Patman Antidiscrimination Act, referred to in text, is act June 19, 1936, ch. 592, 49 Stat. 1526, also known as the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of this title and amended section 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 13 of this title and Tables. § 14. Sale, etc., on agreement not to use goods of competitor It shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented, for use, consumption, or resale within the United States or any Territory there- of or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement, or under- standing that the lessee or purchaser thereof shall not use or deal in the goods, wares, mer- chandise, machinery, supplies, or other com- modities of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for sale or such condition, agreement, or understanding may be to substan- tially lessen competition or tend to create a mo- nopoly in any line of commerce. (Oct. 15, 1914, ch. 323, § 3, 38 Stat. 731.) § 15. Suits by persons injured (a) Amount of recovery; prejudgment interest Except as provided in subsection (b), any per- son who shall be injured in his business or prop- erty by reason of anything forbidden in the anti- trust laws may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a rea- sonable attorney’s fee. The court may award under this section, pursuant to a motion by such person promptly made, simple interest on actual damages for the period beginning on the date of service of such person’s pleading setting forth a claim under the antitrust laws and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the cir- cumstances. In determining whether an award of interest under this section for any period is just in the circumstances, the court shall consider only— (1) whether such person or the opposing party, or either party’s representative, made motions or asserted claims or defenses so lack- ing in merit as to show that such party or rep- resentative acted intentionally for delay, or otherwise acted in bad faith; (2) whether, in the course of the action in- volved, such person or the opposing party, or either party’s representative, violated any ap- plicable rule, statute, or court order providing for sanctions for dilatory behavior or other- wise providing for expeditious proceedings; and (3) whether such person or the opposing party, or either party’s representative, en- gaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof. (b) Amount of damages payable to foreign states and instrumentalities of foreign states (1) Except as provided in paragraph (2), any person who is a foreign state may not recover under subsection (a) an amount in excess of the actual damages sustained by it and the cost of suit, including a reasonable attorney’s fee. (2) Paragraph (1) shall not apply to a foreign state if— (A) such foreign state would be denied, under section 1605(a)(2) of title 28, immunity in a case in which the action is based upon a com- mercial activity, or an act, that is the subject matter of its claim under this section; (B) such foreign state waives all defenses based upon or arising out of its status as a for- eign state, to any claims brought against it in the same action; (C) such foreign state engages primarily in commercial activities; and (D) such foreign state does not function, with respect to the commercial activity, or the act, that is the subject matter of its claim under this section as a procurement entity for itself or for another foreign state. (c) Definitions For purposes of this section— (1) the term ‘‘commercial activity’’ shall have the meaning given it in section 1603(d) of title 28, and (2) the term ‘‘foreign state’’ shall have the meaning given it in section 1603(a) of title 28. (Oct. 15, 1914, ch. 323, § 4, 38 Stat. 731; Pub. L. 96–349, § 4(a)(1), Sept. 12, 1980, 94 Stat. 1156; Pub. L. 97–393, Dec. 29, 1982, 96 Stat. 1964.) Editorial Notes REFERENCES IN TEXT The antitrust laws, referred to in subsec. (a), are de- fined in section 12 of this title. PRIOR PROVISIONS Section supersedes two former similar sections en- acted by act July 2, 1890, ch. 647, § 7, 26 Stat. 210, and act Aug. 27, 1894, ch. 349, § 77, 28 Stat. 570, each of which were restricted in operation to the particular act cited. Section 7 of act July 2, 1890, was repealed by act July 7, 1955, ch. 283, § 3, 69 Stat. 283, effective six months