State Codes and Statutes
Statutes > Utah > Title-13 > Chapter-05 > 13-5-313-5-3. Unlawful discriminations -- Burden of proof -- Taking or offeringcommissions -- Payments for benefit of customers -- Discrimination among purchasers --Inducing discriminations.
(1) (a) It is unlawful for any person engaged in commerce, in the course of suchcommerce, either directly or indirectly, to discriminate in price between different purchasers ofcommodities of like grade and quality, where either or any of the purchasers involved in suchdiscrimination are in commerce, where such commodities are sold for use, consumption, orresale within the state and where the effect of such discrimination may be substantially to lessencompetition or tend to create a monopoly in any line of commerce, or to injure, destroy, orprevent competition with any person who either grants or knowingly receives the benefit of suchdiscrimination, or with customers of either of them.
(b) Nothing in this chapter prevents:
(i) differentials which make only due allowance for differences in the cost ofmanufacture, sale, or delivery resulting from the different methods or quantities in which suchcommodities are to such purchasers sold or delivered;
(ii) persons engaged in selling goods, wares, or merchandise in commerce from selectingtheir own customers in bona fide transactions and not in restraint of trade; and
(iii) price changes from time to time in response to changing conditions affecting themarket for or the marketability of the goods concerned, including actual or imminentdeterioration of perishable goods, obsolescence of seasonal goods, distress sales under courtprocess, or sales in good faith in discontinuance of business in the goods concerned.
(2) Upon proof being made, at any suit on a complaint under this section, that there hasbeen discrimination in price or services or facilities furnished or in payment for services orfacilities to be rendered, the burden of rebutting the prima-facie case thus made by showingjustification shall be upon the person charged with a violation of this section. However nothing inthis chapter shall prevent a seller rebutting the prima-facie case thus made by showing that hislower price or the furnishing of services or facilities to any purchaser or purchasers was made ingood faith to meet an equally low price of a competitor, or the services or facilities furnished by acompetitor.
(3) It is 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 othercompensation, or any allowance or discount in lieu thereof, except for and not exceeding theactual cost of such services rendered in connection with the sale or purchase of goods, wares, ormerchandise.
(4) It is unlawful for any person engaged in commerce to pay or contract for the paymentof anything of value to or for the benefit of a customer of such person in the course of suchcommerce as compensation or in consideration for any services or facilities furnished by orthrough such customer in connection with the processing, handling, sale, or offering for sale ofany products, or commodities manufactured, sold, or offered for sale by such person, unless suchpayment or consideration is available on proportionally equal terms to all other customerscompeting in the distribution of such products or commodities.
(5) It is unlawful for any person to discriminate in favor of one purchaser against anotherpurchaser or purchasers of a commodity bought for resale with or without processing, bycontracting to furnish or furnishing, or by contributing to the furnishing of, any services orfacilities 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.
(6) It is 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.
Amended by Chapter 378, 2010 General Session
