Consumer Law Library

Concrete Mixer And Paver Industry

16 CFR Part 42 · 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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)

.§ 41.30

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 com-
modities.

(d) 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 con-
nected 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

ot

course of such commerce, knowingly to
induce or receive a discrimination in
price which is prohibited by this section.

(f) Exemptions. The inhibitions of
this section shall not apply to purchases

. Of their supplies for their own use by

_ schools,

colleges, universities, public
libraries, churches, hospitals, and
charitable institutions not operated for
profit. :

Note: In complaint proceedings charging
discrimination in price or services or facili-
ties furnished, and upon proof having been
made of such discrimination, the burden of
rebutting the prima facie case thus made
by showing justification shall be upon the
person charged; und unless Justification
shall be affirmatively shown, the Commission
is authorized to issue an order terminating
the discrimination: Provided, however, That
nothing contained in this section shall pre-

. vent 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 com-
petitor, or the services or facilities furnished

Page 250

Title 16—Commercial Practices

by a competitor. See section 2~b, Clayton
Act.

$41.30 Aiding or abetting use of un-
fair trade practices. It is an unfair
trade practice for any person, firm, or
corporation to aid, abet, coerce, or induce
another, directly or indirectly, to use or
promote the use of any unfair trade
practice specified in §§41.0 to 41.29.

Part 42—Concrete Mixer and
_ Paver Industry [Revoked]

CopIFICATION: Part 42 was revoked, 19 F. R.
3822, June 5, 1954.

Part 42—Building Wire and Ca-

ble Manufacturing Industry
[Added]

Sec.

42.0 Definitions.

42.1 Mtsrepresentation (general).

42.2 Substitution of products.

42.3 Misleading price lists.

42.4 Deceptive invoicing, etc.

42.5 Prohibited discrimination.

42.6 Prohibited forms of trade restraints
(unlawful price fixing, etc.).

42.7 Prohibited sales below cost.

42.8 Inducing breach of contract.

42.9 Consignment distribution.

42.10 Enticing away employees of com-
Ppetitors.

42.11 Defamation of competitors or false
disparagement of thetr products.

42.12 Commercial bribery.

42.13 Arrangements to exclude sales of com-
petitors’ products. .

42.14 Push money.

42.15 Tie-in sales; coercing purchase of one
product as a prerequisite to the pur-
chase cf other products.

42.16 Aiding or abetting use of unfair trade .

practices.

AvTHOoRITY: §§ 42.0 to 42.16 issued under
sec. 6, 88 Stat. 721; 15 U.S.C. 46. Interpret
or apply sec. 5, 38 Stat. 719, as amended; 15
U.S.C. 45.

Source: §§ 42.0 to 42.16 appear at 23 F. R.
6477, July 18, 1958.

§ 42.0 Definitions—(a) Industry
members. As used in this part, “industry
members” include all persons, firms, cor-
porations and organizations engaged in
the manufacture and sale of industry
products as defined in paragraph (b) of
this section.

(b) Industry products. As used in this
part, “industry products” are building