§ 59.1-9.7. Discriminatory practices unlawful; proof; payment or acceptanceof certain commissions, etc., unlawful.
(a) It is unlawful for any person engaged in commerce, in the course of suchcommerce, either directly or indirectly, to discriminate in price betweendifferent purchasers of commodities or services of like grade and quality,where either or any of the purchasers involved in such commerce are incompetition, where such commodities or services are sold for use, consumptionor resale within the Commonwealth and where the effect of such discriminationmay be substantially to lessen competition or tend to create a monopoly inany line of commerce, or to injure, destroy or prevent competition with anyperson who either grants or knowingly receives the benefit of suchdiscrimination, or with customers of either of them; provided, that nothingherein contained shall prevent differentials which make only due allowancefor differences in the cost of manufacture, sale or delivery resulting fromthe different methods or quantities in which such commodities or services areto such purchasers sold or delivered; and provided further, that nothingherein contained shall prevent persons engaged in selling commodities orservices in commerce from selecting their own customers in bona fidetransactions and not in restraint of trade; and provided further, thatnothing herein contained shall prevent price changes from time to time wherein response to changing conditions affecting the market for or themarketability of the goods concerned, such as, but not limited to, actual orimminent deterioration of perishable goods, obsolescence of seasonal goods,distress sales under court process, or sales in good faith in discontinuanceof business in the goods concerned.
(b) Upon proof being made, at any suit on a complaint under this section,that there has been discrimination in price or services or facilitiesfurnished or in payment for services or facilities to be rendered, the burdenof rebutting the prima facie case thus made by showing justification shall beupon the person charged with a violation of this section; provided, however,that nothing herein contained shall prevent a seller rebutting the primafacie case thus made by showing that his lower price or the furnishing ofservices or facilities to any purchaser or purchasers was made in good faithto meet an equally low price of a competitor, or the services or facilitiesfurnished by a competitor.
(c) It is unlawful for any person engaged in commerce, in the course of suchcommerce, to pay or grant, or to receive or accept, anything of value as acommission, brokerage, or other compensation, or any allowance or discount inlieu thereof, except for and not exceeding the actual cost of such servicesrendered in connection with the sale or purchase of goods, wares ormerchandise.
(d) It is unlawful for any person engaged in commerce to pay or contract forthe payment of anything of value to or for the benefit of a customer of suchperson in the course of such commerce as compensation or in consideration forany services or facilities furnished by or through such customer inconnection with the processing, handling, sale or offering for sale of anyproducts, commodities or services manufactured, sold or offered for sale bysuch person, unless such payment or consideration is available onproportionally equal terms to all other customers competing in thedistribution of such products, commodities or services.
(e) It is unlawful for any person to discriminate in favor of one purchaseragainst another purchaser or purchasers of a commodity bought for resale withor without processing, by contracting to furnish or furnishing, or bycontributing to the furnishing of, any services or facilities connected withthe processing, handling, sale or offering for sale of such commodity sopurchased upon terms not accorded to all purchasers on proportionally equalterms.
(f) It is unlawful for any person engaged in commerce, in the course of suchcommerce, knowingly to induce or receive a discrimination in price that isprohibited by this section.
§ 59.1-9.7. Discriminatory practices unlawful; proof; payment or acceptanceof certain commissions, etc., unlawful.
(a) It is unlawful for any person engaged in commerce, in the course of suchcommerce, either directly or indirectly, to discriminate in price betweendifferent purchasers of commodities or services of like grade and quality,where either or any of the purchasers involved in such commerce are incompetition, where such commodities or services are sold for use, consumptionor resale within the Commonwealth and where the effect of such discriminationmay be substantially to lessen competition or tend to create a monopoly inany line of commerce, or to injure, destroy or prevent competition with anyperson who either grants or knowingly receives the benefit of suchdiscrimination, or with customers of either of them; provided, that nothingherein contained shall prevent differentials which make only due allowancefor differences in the cost of manufacture, sale or delivery resulting fromthe different methods or quantities in which such commodities or services areto such purchasers sold or delivered; and provided further, that nothingherein contained shall prevent persons engaged in selling commodities orservices in commerce from selecting their own customers in bona fidetransactions and not in restraint of trade; and provided further, thatnothing herein contained shall prevent price changes from time to time wherein response to changing conditions affecting the market for or themarketability of the goods concerned, such as, but not limited to, actual orimminent deterioration of perishable goods, obsolescence of seasonal goods,distress sales under court process, or sales in good faith in discontinuanceof business in the goods concerned.
(b) Upon proof being made, at any suit on a complaint under this section,that there has been discrimination in price or services or facilitiesfurnished or in payment for services or facilities to be rendered, the burdenof rebutting the prima facie case thus made by showing justification shall beupon the person charged with a violation of this section; provided, however,that nothing herein contained shall prevent a seller rebutting the primafacie case thus made by showing that his lower price or the furnishing ofservices or facilities to any purchaser or purchasers was made in good faithto meet an equally low price of a competitor, or the services or facilitiesfurnished by a competitor.
(c) It is unlawful for any person engaged in commerce, in the course of suchcommerce, to pay or grant, or to receive or accept, anything of value as acommission, brokerage, or other compensation, or any allowance or discount inlieu thereof, except for and not exceeding the actual cost of such servicesrendered in connection with the sale or purchase of goods, wares ormerchandise.
(d) It is unlawful for any person engaged in commerce to pay or contract forthe payment of anything of value to or for the benefit of a customer of suchperson in the course of such commerce as compensation or in consideration forany services or facilities furnished by or through such customer inconnection with the processing, handling, sale or offering for sale of anyproducts, commodities or services manufactured, sold or offered for sale bysuch person, unless such payment or consideration is available onproportionally equal terms to all other customers competing in thedistribution of such products, commodities or services.
(e) It is unlawful for any person to discriminate in favor of one purchaseragainst another purchaser or purchasers of a commodity bought for resale withor without processing, by contracting to furnish or furnishing, or bycontributing to the furnishing of, any services or facilities connected withthe processing, handling, sale or offering for sale of such commodity sopurchased upon terms not accorded to all purchasers on proportionally equalterms.
(f) It is unlawful for any person engaged in commerce, in the course of suchcommerce, knowingly to induce or receive a discrimination in price that isprohibited by this section.
§ 59.1-9.7. Discriminatory practices unlawful; proof; payment or acceptanceof certain commissions, etc., unlawful.
(a) It is unlawful for any person engaged in commerce, in the course of suchcommerce, either directly or indirectly, to discriminate in price betweendifferent purchasers of commodities or services of like grade and quality,where either or any of the purchasers involved in such commerce are incompetition, where such commodities or services are sold for use, consumptionor resale within the Commonwealth and where the effect of such discriminationmay be substantially to lessen competition or tend to create a monopoly inany line of commerce, or to injure, destroy or prevent competition with anyperson who either grants or knowingly receives the benefit of suchdiscrimination, or with customers of either of them; provided, that nothingherein contained shall prevent differentials which make only due allowancefor differences in the cost of manufacture, sale or delivery resulting fromthe different methods or quantities in which such commodities or services areto such purchasers sold or delivered; and provided further, that nothingherein contained shall prevent persons engaged in selling commodities orservices in commerce from selecting their own customers in bona fidetransactions and not in restraint of trade; and provided further, thatnothing herein contained shall prevent price changes from time to time wherein response to changing conditions affecting the market for or themarketability of the goods concerned, such as, but not limited to, actual orimminent deterioration of perishable goods, obsolescence of seasonal goods,distress sales under court process, or sales in good faith in discontinuanceof business in the goods concerned.
(b) Upon proof being made, at any suit on a complaint under this section,that there has been discrimination in price or services or facilitiesfurnished or in payment for services or facilities to be rendered, the burdenof rebutting the prima facie case thus made by showing justification shall beupon the person charged with a violation of this section; provided, however,that nothing herein contained shall prevent a seller rebutting the primafacie case thus made by showing that his lower price or the furnishing ofservices or facilities to any purchaser or purchasers was made in good faithto meet an equally low price of a competitor, or the services or facilitiesfurnished by a competitor.
(c) It is unlawful for any person engaged in commerce, in the course of suchcommerce, to pay or grant, or to receive or accept, anything of value as acommission, brokerage, or other compensation, or any allowance or discount inlieu thereof, except for and not exceeding the actual cost of such servicesrendered in connection with the sale or purchase of goods, wares ormerchandise.
(d) It is unlawful for any person engaged in commerce to pay or contract forthe payment of anything of value to or for the benefit of a customer of suchperson in the course of such commerce as compensation or in consideration forany services or facilities furnished by or through such customer inconnection with the processing, handling, sale or offering for sale of anyproducts, commodities or services manufactured, sold or offered for sale bysuch person, unless such payment or consideration is available onproportionally equal terms to all other customers competing in thedistribution of such products, commodities or services.
(e) It is unlawful for any person to discriminate in favor of one purchaseragainst another purchaser or purchasers of a commodity bought for resale withor without processing, by contracting to furnish or furnishing, or bycontributing to the furnishing of, any services or facilities connected withthe processing, handling, sale or offering for sale of such commodity sopurchased upon terms not accorded to all purchasers on proportionally equalterms.
(f) It is unlawful for any person engaged in commerce, in the course of suchcommerce, knowingly to induce or receive a discrimination in price that isprohibited by this section.
