Page:United States Statutes at Large Volume 49 Part 1.djvu/1045

 1000 74TH CONGRESS. SESS. I. CH. 824 . AUGUST 30, 1935. 2 . The adjustment of claims with purchasers of coal in such man- ner as to grant secret allowances, secret rebates, or secret conces- sion s, or other price discrim inatio n. 3. The prepayment of freight charges with intent to or having the effect of granting a discriminatory credit allowance. 4. The granting in any form of adjustments, allowances, dis- counts, credits, or refunds to purchasers or sellers of coal, for the purposes or with the effect of altering retroactively a price previously agreed u pon, in such ma nner as to cre ate price discr imination. 5 . The predating or postdating of any invoice or contract for the purchase or sale of coal, except to conform to a bona fide agreement for the purchase or sale entered into on the predate. 6 . The payment or allowance in any form or by any device of rebates, refunds, credits, or unearned discounts, or the extension to certain purchasers of services or privileges not extended to all pur- chasers under like terms and conditions, or under similar circum- stances. 7. The attempt to purchase business, or to obtain information concerning a competitor's business by concession, gifts, or bribes. 8 . The intentional misrepresentation of any analysis or of analy- ses, or of sizes, or t he inte ntiona l maki ng, ca using, or per mittin g to be made, or publishing, of any false, untrue, misleading, or deceptive statement by way of advertising, invoicing, or otherwise concerning the size, quality, character, nature, preparation, or origin of any coal bought, sold, or consigned. 9 . The unauthorized use, whether in written or oral form, of trade marks, t rade names, slo gans, or adver tising matter a lready adopted by a competitor, or any deceptive approximation thereof. 10. Inducing or attempting to induce, by any means or device wh atsoev er, a b reach of cont ract b etween a comp etitor and h is customer during the ter m of such cont ract. 11 . Splitting or dividing commissions, broker's fees, or brokerage discount s, or otherwise in any manner directly or in directly using brokerage commissions or jobbers' arrangements or sales agencies for maki ng discounts, a llowances, or rebates, or pri ces other than those determined under this Act, to any industrial consumer or to any retailers, or to others, whether of a like or different class. 12. Selling to, or through, any broker, jobber, commission account, or sales agency, which is in fact or in effect an agency or an instrumentality of a retailer or an industrial consumer or Of an organ ization of reta ilers or indus trial consumers, whereby they or any of them secure either directly or indirectly a discount, divi- dend, al lowance, or reb ates, or a pri ce other than t hat determined in the m anner prescribe d by this Act. 13. Violations of the provisions of the code. It shall not be an unfair method of competition or a violation of sales to f armer's co- the code or any requirement uirement of this Act to sell to or through operati ve org anizat ion. y (1) any bona fide and legitimate farmer's cooperative organization duly organize d under the law s of any State, Territory, th e District of Columbia, or the United States whether or not such organization gran ts reb ates, discou nts, pa tronag e divi dends, or ot her sim ilar b ene- fits to its members, (2) to sell t hrough any int ervening agency to any such cooperative organization, or (3) to pay or allow to any such cooperative organization or to any such intervening agency any discount, commission, rebate, or dividend ordinarily paid or allowed, or permitted b y the code to be paid or allo wed, to other purchasers for purchases in wholesale or middleman quantities. Secret allowances, re- bates, and concessions. Prepayment of f reig ht cha rges wh en resulting in discriminar to" credit allowance . Granting allowances whic h alter prices p re- viously agreed upon . Preda ting o r postd at- ing invoices . Discrim inatory pa y- ments to certain pur- ch asers . Commerc ial briber y . Misrepresentation of quality, etc ., of prod- ucts . Unaut horized use of competitor's trad e names, etc . Inducing breach of comp etitor's contrac ts . Splitting commi s- sions, etc. Selling to agent of re- tail er, industrial c on- sumer, etc . Co de violations.