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10 U.S.C. § 8731 — Requirements as to consultation and ap-

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10 U.S.C. § 8731 — Requirements as to consultation and ap-

Page 3367 TITLE 10—ARMED FORCES § 8731 U.S.C. 13a, 13b, and 21a).’’ for ‘‘(1) the Act entitled ‘An Act to protect trade and commerce against unlawful re- straints and monopolies’, approved July 2, 1890 (15 U.S.C. 1 et seq.), as amended;’’ ‘‘(2) the Act entitled ‘An Act to supplement existing laws against unlawful re- straints and monopolies, and for other purposes’, ap- proved October 15, 1914 (15 U.S.C. 12 et seq.), as amend- ed;’’ ‘‘(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.), as amended;’’ ‘‘(4) sections 73 and 74 of the Act entitled ‘An Act to reduce taxation, to provide rev- enue for the Government, and for other purposes’, ap- proved August 27, 1894 (15 U.S.C. 8 and 9), as amended; or’’, and ‘‘(5) sections 2, 3, and 4 of the Act of June 19, 1936, chapter 592 (15 U.S.C. 13a, 13b, and 21a)’’, respec- tively. Subsec. (j). Pub. L. 96–513, § 513(34)(E), inserted ‘‘(15 U.S.C. 717 et seq.)’’. Subsec. (k). Pub. L. 96–294, § 804(b), amended subsec. (k) generally, inserting references to the Secretary, provision authorizing the exchange of petroleum under terms and conditions determined appropriate without regard to Federal procurement statutes and regula- tions, and provision making 42 U.S.C. 6239 inapplicable. Subsec. (l). Pub. L. 96–294, § 804(c), added subsec. (l). 1976—Subsec. (a). Pub. L. 94–258 substituted provi- sions setting forth requirements for Secretary in ad- ministering naval petroleum reserves under this chap- ter, for provisions setting forth requirements for Sec- retary of the Navy in administering naval petroleum and oil shale reserves under this chapter. Subsec. (b). Pub. L. 94–258 inserted ‘‘Notwithstanding any other provision of law’’ before ‘‘each sale’’, ref- erence to United States share of petroleum, provision re

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Page 3367 TITLE 10—ARMED FORCES § 8731 U.S.C. 13a, 13b, and 21a).’’ for ‘‘(1) the Act entitled ‘An Act to protect trade and commerce against unlawful re- straints and monopolies’, approved July 2, 1890 (15 U.S.C. 1 et seq.), as amended;’’ ‘‘(2) the Act entitled ‘An Act to supplement existing laws against unlawful re- straints and monopolies, and for other purposes’, ap- proved October 15, 1914 (15 U.S.C. 12 et seq.), as amend- ed;’’ ‘‘(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.), as amended;’’ ‘‘(4) sections 73 and 74 of the Act entitled ‘An Act to reduce taxation, to provide rev- enue for the Government, and for other purposes’, ap- proved August 27, 1894 (15 U.S.C. 8 and 9), as amended; or’’, and ‘‘(5) sections 2, 3, and 4 of the Act of June 19, 1936, chapter 592 (15 U.S.C. 13a, 13b, and 21a)’’, respec- tively. Subsec. (j). Pub. L. 96–513, § 513(34)(E), inserted ‘‘(15 U.S.C. 717 et seq.)’’. Subsec. (k). Pub. L. 96–294, § 804(b), amended subsec. (k) generally, inserting references to the Secretary, provision authorizing the exchange of petroleum under terms and conditions determined appropriate without regard to Federal procurement statutes and regula- tions, and provision making 42 U.S.C. 6239 inapplicable. Subsec. (l). Pub. L. 96–294, § 804(c), added subsec. (l). 1976—Subsec. (a). Pub. L. 94–258 substituted provi- sions setting forth requirements for Secretary in ad- ministering naval petroleum reserves under this chap- ter, for provisions setting forth requirements for Sec- retary of the Navy in administering naval petroleum and oil shale reserves under this chapter. Subsec. (b). Pub. L. 94–258 inserted ‘‘Notwithstanding any other provision of law’’ before ‘‘each sale’’, ref- erence to United States share of petroleum, provision relating to periods of sale, and provision exempting Federal, State, or local regulations controlling sales or allocation of petroleum products, and struck out appli- cability to sales of gas, other hydrocarbons, oil shale, or products therefrom. Subsecs. (c) to (k). Pub. L. 94–258 added subsecs. (c) to (k). 1962—Subsec. (a). Pub. L. 87–796 included provision for administration of oil shale reserves, required the Sec- retary of the Navy to use, store, sell, or exchange oil shale and products therefrom produced from oil shale reserves for other petroleum or refined products, and deleted provision which required the Secretary to use, store, sell, or exchange gas products from lands in the South Barrow gas field of naval petroleum reserve numbered 4 for other petroleum or refined products. Pub. L. 87–599 required the Secretary of the Navy to use, store, sell, or exchange gas products from lands in the South Barrow gas field of naval petroleum reserve numbered 4 for other petroleum or refined products. Subsec. (b). Pub. L. 87–796 included sale of oil shale and products from petroleum, gas, other hydrocarbons, and oil shale. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. MINIMUM SELLING PRICE OF UNITED STATES SHARE OF PETROLEUM Pub. L. 106–291, title II, Oct. 11, 2000, 114 Stat. 976, pro- vided in part: ‘‘That the requirements of 10 U.S.C. 7430(b)(2)(B) [now 8730(b)(2)(B)] shall not apply to fiscal year 2001 and any fiscal year thereafter’’. Similar provisions were contained in the following appropriation and authorization acts: Pub. L. 106–113, div. B, § 1000(a)(3) [title II], Nov. 29, 1999, 113 Stat. 1535, 1501A–179. Pub. L. 105–277, div. A, § 101(e) [title II], Oct. 21, 1998, 112 Stat. 2681–231, 2681–276. Pub. L. 105–85, div. C, title XXXIV, § 3402, Nov. 18, 1997, 111 Stat. 2059. Pub. L. 105–83, title II, Nov. 14, 1997, 111 Stat. 1580. Pub. L. 104–208, div. A, title I, § 101(d) [title II], Sept. 30, 1996, 110 Stat. 3009–181, 3009–210. Pub. L. 104–201, div. C, title XXXIV, § 3402, Sept. 23, 1996, 110 Stat. 2858. Pub. L. 104–134, title I, § 101(c) [title II], Apr. 26, 1996, 110 Stat. 1321–156, 1321–187; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 104–106, div. C, title XXXIV, § 3402, Feb. 10, 1996, 110 Stat. 631. Pub. L. 103–337, div. C, title XXXV, § 3502, Oct. 5, 1994, 108 Stat. 3111. Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat. 2525. Pub. L. 103–138, title II, Nov. 11, 1993, 107 Stat. 1405. Executive Documents DELEGATION OF FUNCTIONS Functions vested in President by subsec. (k) of this section delegated to Secretary of Energy by section 1–102 of Ex. Ord. No. 12231, Aug. 4, 1980, 45 F.R. 52139, set out as a note under section 6240 of Title 42, The Public Health and Welfare. § 8731. Requirements as to consultation and ap- proval (a) The Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives must be consulted and the President’s approval must be obtained before any condemnation proceedings may be started under this chapter and before any of the following transactions authorized by this chap- ter may be effective: (1) A lease of any part of the naval petro- leum reserves. (2) A contract to alienate from the United States the use, control, or possession of any part of the naval petroleum reserves (except that consultation and Presidential approval are not required in connection with the issuance of permits, licenses, easements, graz- ing and agricultural leases, rights-of-way, and similar contracts pertaining to use of the sur- face area of the naval petroleum reserves). (3) A contract to sell the petroleum (other than royalty oil and gas) produced from any part of the naval petroleum reserves. (4) A contract for conservation or for com- pensation for estimated drainage. (5) An agreement to exchange land, the right to royalty production, or the right to any money due the United States. (b)(1) During the period of production author- ized by section 8722(c) of this title, the Secretary shall submit to the Committee on Armed Serv- ices of the Senate and the Committee on Armed Services of the House of Representatives any new plans or substantial amendments to ongo- ing plans for the exploration, development, and production of the naval petroleum reserves. (2) All plans or substantial amendments sub- mitted to the Congress pursuant to this section shall contain a report by the Attorney General of the United States with respect to the antici- pated effects of such plans or amendments on competition. Such plans or amendments shall Page 3368 TITLE 10—ARMED FORCES § 8732 not be implemented until sixty days after such plans or amendments have been submitted to such committees. (Aug. 10, 1956, ch. 1041, 70A Stat. 460, § 7431; Pub. L. 87–796, § 1(7), Oct. 11, 1962, 76 Stat. 905; Pub. L. 94–258, title II, § 201(12), Apr. 5, 1976, 90 Stat. 311; Pub. L. 98–525, title XIV, § 1405(52), Oct. 19, 1984, 98 Stat. 2625; Pub. L. 99–145, title XIII, § 1303(a)(25), Nov. 8, 1985, 99 Stat. 740; Pub. L. 104–106, div. A, title XV, § 1502(a)(2), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 114–92, div. A, title X, § 1073(b), Nov. 25, 2015, 129 Stat. 995; renumbered § 8731 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(5), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7431 ......... 34 U.S.C. 524 (1st proviso of 4th par.). June 4, 1920, ch. 228 (4th par., 1st proviso, of amended 3d and 4th provisos), 41 Stat. 813; June 30, 1938, ch. 851, § 1, 52 Stat. 1252; June 17, 1944, ch. 262, 58 Stat. 282. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 807(d)(5), renumbered section 7431 of this title as this section. Subsec. (b)(1). Pub. L. 115–232, § 809(a), substituted ‘‘section 8722(c)’’ for ‘‘section 7422(c)’’. 2015—Subsec. (c). Pub. L. 114–92 struck out subsec. (c) which required annual reports relating to naval petro- leum reserves. 1999—Subsecs. (a), (b)(1), (c). Pub. L. 106–65 sub- stituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Committee on National Security’’. 1996—Subsecs. (a), (b)(1), (c). Pub. L. 104–106 sub- stituted ‘‘Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives’’ for ‘‘Committees on Armed Serv- ices of the Senate and the House of Representatives’’. 1985—Subsec. (c). Pub. L. 99–145 in pars. (1) to (3) sub- stituted ‘‘The’’ for ‘‘the’’ at beginning and periods for the semicolons at end, in par. (4) substituted ‘‘A sum- mary’’ for ‘‘a summary’’ and a period for ‘‘; and’’, and in par. (5) substituted ‘‘Such’’ for ‘‘such’’. 1984—Subsecs. (b)(1), (c). Pub. L. 98–525 inserted ‘‘of this title’’ after ‘‘section 7422(c)’’. 1976—Pub. L. 94–258 designated existing provisions as subsec. (a), struck out ‘‘or oil shale’’ in pars. (1) and (2) before ‘‘reserves’’, struck out ‘‘and oil shale’’ in pars. (2) and (3), before ‘‘reserves’’ substituted ‘‘petroleum (other than royalty oil and gas)’’ for ‘‘oil and gas (other than royalty oil and gas), oil shale, and products there- from’’ in par. (3), and added subsecs. (b) and (c). 1962—Pub. L. 87–796 included oil shale reserves in cls. (1) and (2), inserted provisions in cl. (2) excepting con- sultation and Presidential approval in connection with issuance of permits, licenses, easements, grazing and agricultural leases, rights-of-way, and similar con- tracts pertaining to use of surface area of naval petro- leum and oil shale reserves, and included oil shale, and products therefrom produced from any part of oil shale reserves. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8732. Authorizations of appropriations (a) Funds for the following purposes may not be appropriated unless such appropriations have been specifically authorized by law: (1) Exploration, prospecting, conservation, development, use, operations, and production of the naval petroleum reserves as authorized by this chapter. (2) Production (including preparation for production) as authorized by this chapter or as may be authorized after April 5, 1976. (3) The construction and operation of facili- ties both within and outside the naval petro- leum reserves incident to the production and the delivery of petroleum, including pipelines and shipping terminals. Sums appropriated for such purposes shall re- main available until expended. (b) Contracts under this chapter providing for the obligation of funds may be entered into for a period of five years, renewable for an addi- tional five-year period; however, such contracts may obligate funds only to the extent that such funds are made available in appropriation Acts. (Aug. 10, 1956, ch. 1041, 70A Stat. 461, § 7432; Pub. L. 87–796, § 1(8), Oct. 11, 1962, 76 Stat. 905; Pub. L. 94–258, title II, § 201(13), Apr. 5, 1976, 90 Stat. 312; Pub. L. 96–137, § 3(b)(1), Dec. 12, 1979, 93 Stat. 1061; Pub. L. 96–513, title V, § 513(35), Dec. 12, 1980, 94 Stat. 2934; renumbered § 8732, Pub. L. 115–232, div. A, title VIII, § 807(d)(5), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7432 ......... 34 U.S.C. 524 (3d par., less 2d sentence; 5th par., 124th through 168th words). June 4, 1920, ch. 228 (3d par., less 2d sentence; 5th par., 124th through 168th words, of amend- ed 3d and 4th provisos), 41 Stat. 813; June 30, 1938, ch. 851, § 1, 52 Stat. 1252; June 17, 1944, ch. 262, 58 Stat. 281. In subsection (a) the words ‘‘by the Congress’’ are omitted as surplusage. In subsection (b) the words ‘‘There is authorized to be appropriated’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7432 of this title as this section. 1980—Subsec. (a)(1). Pub. L. 96–513 substituted a pe- riod for the semicolon at the end. 1979—Pub. L. 96–137 struck out provisions relating to the naval petroleum reserves special account. 1976—Pub. L. 94–258 substituted ‘‘Naval petroleum re- serves special account’’ for ‘‘Expenditures: appropria- tions chargeable’’ in section catchline. Subsec. (a). Pub. L. 94–258 substituted provisions es- tablishing a special account on the books of the Treas- ury Department to be designated as the ‘‘naval petro- leum reserves special account’’, and authorizing to be credited proceeds resulting from the sale or exchange of the United States share of petroleum, refined petro- leum products, appropriation funds, royalties, or other revenue from the operation of the reserves, for provi-

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8731 — Requirements as to consultation and approval

**(a)** The Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives must be consulted and the President’s approval must be obtained before any condemnation proceedings may be started under this chapter and before any of the following transactions authorized by this chapter may be effective: (1) A lease of any part of the naval petroleum reserves. (2) A contract to alienate from the United States the use, control, or possession of any part of the naval petroleum reserves (except that consultation and Presidential approval are not required in connection with the issuance of permits, licenses, easements, grazing and agricultural leases, rights-of-way, and similar contracts pertaining to use of the surface area of the naval petroleum reserves). (3) A contract to sell the petroleum (other than royalty oil and gas) produced from any part of the naval petroleum reserves. (4) A contract for conservation or for compensation for estimated drainage. (5) An agreement to exchange land, the right to royalty production, or the right to any money due the United States. **(b)** (1) During the period of production authorized by [section 8722(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8722/c&num=0&edition=prelim), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives any new plans or substantial amendments to ongoing plans for the exploration, development, and production of the naval petroleum reserves. (2) All plans or substantial amendments submitted to the Congress pursuant to this section shall contain a report by the Attorney General of the United States with respect to the anticipate

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1 — Trusts, etc., in restraint of trade illegal; penalty

Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1 — Trusts, etc., in restraint of trade illegal; pen-

Page 3 TITLE 15—COMMERCE AND TRADE § 1 Sec. 4. Jurisdiction of courts; duty of United States attorneys; procedure. 5. Bringing in additional parties. 6. Forfeiture of property in transit. 6a. Conduct involving trade or commerce with foreign nations. 7. ‘‘Person’’ or ‘‘persons’’ defined. 7a. Definitions. 7a–1. Limitation on recovery. 7a–2. Rights, authorities, and liabilities not af- fected. 7a–3. Anti-retaliation protection for whistle- blowers. 8. Trusts in restraint of import trade illegal; penalty. 9. Jurisdiction of courts; duty of United States attorneys; procedure. 10. Bringing in additional parties. 11. Forfeiture of property in transit. 12. Definitions; short title. 13. Discrimination in price, services, or facilities. 13a. Discrimination in rebates, discounts, or ad- vertising service charges; underselling in particular localities; penalties. 13b. Cooperative association; return of net earn- ings or surplus. 13c. Exemption of non-profit institutions from price discrimination provisions. 14. Sale, etc., on agreement not to use goods of competitor. 15. Suits by persons injured. 15a. Suits by United States; amount of recovery; prejudgment interest. 15b. Limitation of actions. 15c. Actions by State attorneys general. 15d. Measurement of damages. 15e. Distribution of damages. 15f. Actions by Attorney General. 15g. Definitions. 15h. Applicability of parens patriae actions. 16. Judgments. 17. Antitrust laws not applicable to labor organi- zations. 18. Acquisition by one corporation of stock of an- other. 18a. Premerger notification and waiting period. 18b. Mergers involving foreign government sub- sidies. 19. Interlocking directorates and officers. 19a, 20. Repealed. 21. Enforcement pro

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 12 — Definitions; short title

**(a)** “Antitrust laws,” as used herein, includes the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies,” approved July second, eighteen hundred and ninety; sections seventy-three to seventy-six, inclusive, of an Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes,” of August twenty-seventh, eighteen hundred and ninety-four; an Act entitled “An Act to amend sections seventy-three and seventy-six of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes,’ ” approved February twelfth, nineteen hundred and thirteen; and also this Act.“Commerce,” as used herein, means trade or commerce among the several States and with foreign nations, or between the District of Columbia or any Territory of the United States and any State, Territory, or foreign nation, or between any insular possessions or other places under the jurisdiction of the United States, or between any such possession or place and any State or Territory of the United States or the District of Columbia or any foreign nation, or within the District of Columbia or any Territory or any insular possession or other place under the jurisdiction of the United States: Provided, That nothing in this Act contained shall apply to the Philippine Islands. The word “person” or “persons” wherever used in this Act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. **(b)** This Act may be cited as the “Clayton Act”.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 12 — Definitions; short title

Page 19 TITLE 15—COMMERCE AND TRADE § 12 (Pub. L. 108–237, title II, § 216, as added Pub. L. 116–257, § 2, Dec. 23, 2020, 134 Stat. 1147.) § 8. Trusts in restraint of import trade illegal; penalty Every combination, conspiracy, trust, agree- ment, or contract is declared to be contrary to public policy, illegal, and void when the same is made by or between two or more persons or cor- porations, either of whom, as agent or principal, is engaged in importing any article from any foreign country into the United States, and when such combination, conspiracy, trust, agreement, or contract is intended to operate in restraint of lawful trade, or free competition in lawful trade or commerce, or to increase the market price in any part of the United States of any article or articles imported or intended to be imported into the United States, or of any manufacture into which such imported article enters or is intended to enter. Every person who shall be engaged in the importation of goods or any commodity from any foreign country in vio- lation of this section, or who shall combine or conspire with another to violate the same, is guilty of a misdemeanor, and on conviction thereof in any court of the United States such person shall be fined in a sum not less than $100 and not exceeding $5,000, and shall be further punished by imprisonment, in the discretion of the court, for a term not less than three months nor exceeding twelve months. (Aug. 27, 1894, ch. 349, § 73, 28 Stat. 570; Feb. 12, 1913, ch. 40, 37 Stat. 667.) Editorial Notes AMENDMENTS 1913—Act Feb. 12, 1913, inserted ‘‘as agent or prin- cipal’’. Statutory Notes and Related Subsidiaries SHORT TITLE Section 77, formerly § 78, of act Aug. 27, 1894, as added by Pub. L. 94–435, title III,

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 13a — Discrimination in rebates, discounts, or advertising 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 purchaser, 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 available at the time of such transaction to said competitors 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 unreasonably low prices for the purpose of destroying competition or eliminating a competitor.

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Federal law — U.S. Code and appendices · legal_authorities

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

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 41 — Federal Trade Commission established; membership; vacancies; seal

A commission is created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The first Commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..11 So in original. The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 41 — Federal Trade Commission established;

Page 48 TITLE 15—COMMERCE AND TRADE § 41 1 So in original. Sec. 74. Rules and regulations. 75. Retaliation against country prohibiting im- portations. 76. Retaliation against restriction of importa- tions in time of war. 77. Discrimination against neutral Americans in time of war. SUBCHAPTER I—FEDERAL TRADE COMMISSION § 41. Federal Trade Commission established; membership; vacancies; seal A commission is created and established, to be known as the Federal Trade Commission (here- inafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be mem- bers of the same political party. The first Com- missioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the un- expired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..1 The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be re- moved by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission. The Commission shall have a

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 717 — Regulation of natural gas companies

**(a) Necessity of regulation in public interest** As disclosed in reports of the Federal Trade Commission made pursuant to S. Res. 83 (Seventieth Congress, first session) and other reports made pursuant to the authority of Congress, it is declared that the business of transporting and selling natural gas for ultimate distribution to the public is affected with a public interest, and that Federal regulation in matters relating to the transportation of natural gas and the sale thereof in interstate and foreign commerce is necessary in the public interest. **(b) Transactions to which provisions of chapter applicable** The provisions of this chapter shall apply to the transportation of natural gas in interstate commerce, to the sale in interstate commerce of natural gas for resale for ultimate public consumption for domestic, commercial, industrial, or any other use, and to natural-gas companies engaged in such transportation or sale, and to the importation or exportation of natural gas in foreign commerce and to persons engaged in such importation or exportation, but shall not apply to any other transportation or sale of natural gas or to the local distribution of natural gas or to the facilities used for such distribution or to the production or gathering of natural gas. **(c) Intrastate transactions exempt from provisions of chapter; certification from State commission as conclusive evidence** The provisions of this chapter shall not apply to any person engaged in or legally authorized to engage in the transportation in interstate commerce or the sale in interstate commerce for resale, of natural gas received by such person from another person within or at the boundary of a State if all the natural gas so received is ultimately consumed within such State, or to any fa

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