Range Boiler Industry

16 CFR Part 36 · Trade practice rules · in the Code of Federal Regulations 1938-1959 (4 annual editions)

Scanned CFR pages, OCR text may contain errors; the linked Library of Congress PDF is the authority. Not legal advice; not affiliated with the FTC. These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.

Latest edition: Library of Congress, 1959 CFR · Earliest edition: 1938 CFR

Text (1959 edition, OCR)

Chapter I—Federal Trade Commission

the market for or the marketability of
the goods concerned, such as but not
limited to obsolescence of seasonal goods,
distress sales under court process, or sales
in good faith in discontinuance of busi-
ness in the goods concerned.

(5) That nothing contained in this
section shall prevent the meeting in good
faith of an equally low price of a com-
petitor, or the services or facilities
furnished by a competitor. (See para-
graphs (c) and (d) of this section.)

(b) Prohibited brokerage and com-
missions. It is an unfair trade practice
for any member of the industry engaged
in commerce, in the course of such com-
merce, to pay or grant, or to receive or
accept, anything of value as a commis-
sion, brokerage, or other compensation,

_ or any allowance or discount in lieu
thereof, except for services rendered in
connection 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 inter-
mediary therein where such intermedi-
ary is acting in fact for or in behalf, or
is subject to the direct or indirect con-
trol, of any party to such transaction
other than the person by whom such
compensation is so granted or paid. -

(c) Prohibited advertising or promo-
tional allowances, etc. It is an unfair
trade practice for any member of the
industry engaged in commerce to pay or
contract for the payment of advertising
or promotional allowances or any other
thing of value to or for the benefit of a
customer of such member in the course
of such commerce as compensation or in
consideration for any services or facili-
ties furnished by or through such cus-
tomer in connection with the processing,
handling, sale, or offering for sale of any
products or commodities manufactured,
sold, or offered for sale by such member,
unless such payment or consideration is
available on proportionally equal terms
to all other customers competing in
the distribution of such products or
commodities.

(da) Prohibited discriminatory services
or facilities. It is an unfair trade prac-
tice for any member of the industry en-
gaged in commerce to discriminate in
favor of one purchaser against another
purchaser or purchasers of a commodity
bought for resale, with or without proc-
essing, by contracting to furnish or fur-
nishing, or by contributing to the fur-
nishing of, any services or facilities

§ 35.201

connected with the processing, handling,
sale, or offering for sale of such com-
modity so purchased upon terms not
accorded to all competing purchasers on
proportionally equal terms.

(e) Inducing or receiving an illegal
discrimination in price. It is an unfair
trade practice for any member of the
industry engaged in commerce in the
course of such commerce, knowingly to
induce or receive a discrimination in
price which is prohibited by the fore-
going provisions of this section.

(f) Purchases by U. S. Government;
applicability of Robinson-Patman Anti-
discrimination Act to same. In an

‘opinion submitted to the Secretary of

War under date of December 28, 1936,
the U. S. Attorney General advised that
the Robinson-Patman Antidiscrimina~
tion Act “is not applicable to Govern-
ment contracts for supplies.” (38 Opin-
ions, Attorney General 539.)

§ 34.23 Aiding or abetting use of un~
fair trade practices. It is an unfair
trade practice for any person to aid,
abet, coerce, or induce another, directly
or indirectly, to use or promote the use
of any unfair trade practice specified in
this part.

Part 35—Wall Paper Industry
COMMITTEE ON TRADE PRACTICES [ADDED]

Sec.
35.201 Industry committee.

$35.201 Industry committee. The
provisions of $16.1 of this subchapter
shall be applicable to an industry com~
mittee established under this part.

(Sec. 6, 38 Stat. 721; 15 U.S.C.46) [21 F.R.
1174, Feb. 21, 1956]

Part 36—Range Boiler Industry
[Revoked]

CODIFICATION: Part 36 was revoked, 19 F. R.
2808, May 15, 1954.

Part 36—Poultry Hatching and
Breeding Industry [Added]

Sec.
36.0 The industry and its products.
GROUP I
36.1 Misrepresentation of products.
36.2 Deceptive concealment of matertat
facts.
36.3 Deceptive claims relating to National

Poultry Improvement Plan or Na-~
tional Turkey Improvement Plan.

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