15 U.S.C. § 13a — Discrimination in rebates, discounts, or ad-

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.