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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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