Page:United States Statutes at Large Volume 49 Part 1.djvu/1572

 74TH C ONGRESS. SESS. II. CU. 592. JUNE 19, 1936 . 15 27 "( c) That it shall be unlawful for any person engaged in corn- 1 chit 3erage, etc ., pay- merce, in the course of such commerce, to pay or grant, or to receive or acc ept, anyt hing of value as a co mmiss ion, bro kera ge, o r ot her compen sation, or any al lowance or discou nt in lieu thereo f, except Payment f or servic ces for services rendered in connection with the sale or purchase of rendered . goods, wares, or merchandise, either to the other party to such trans- action or to an agent, representative, or other intermediary therein where such intermediary is acting in fact for or in behalf, or is sub- ject to the direct or indirect control, of any party to such transac- tion o ther than the per son by whom such compensation is s o granted or paid . "(d) That it shall be unlawful for any person engaged in Com- Discriminatory pay- merce to pay or contract for the payment of anything of value to or bents by seller t° buyer for -services, etc. for the be nefit of a custom er of such person in the course of such commerce as compensation or in consideration for any services or facilities furnished by or through such customer in connection with the processing, handling, sale, or offering for sale of any products or commodi ties manufactured, sold, or oRered for sale by such per- son, unless such payment or consideration is available on propor- tionally equal terms to all other customers competing in the dis- tribution of such products or commodities. "(e) That it shall be unlawful for any person to discriminate in Furnishing services or facilitie s by seller t .o favor of one purchaser against another purchaser or purchasers of a buyer upon terms not a commodit y bought for resa le, with or witho ut processing, by con- acco rded to all buyers . tracting to furnish or furnishing, or by contributing to the furnish- ing of, any serv ices or facil itie s co nnect ed w ith the proce ssin g, handling, sale, or offering for sale of such commodity so purchased upon terms not accorded to all purchasers on proportionally equal terms . 11 (f) That it shall be unlawful for any person engaged in cob- Inducing or receiv- ing discrimination in merce, in the co urse of s uch commer ce, knowin gly to in duce or pric e. receiv e a discri mination in price w hich is pr ohibited by this section ." SEC. 2 . That nothing herein contained shall affect rights of action Pending litigation, arising, or litigation pending, or orders of the Federal Trade Com- et''ol. 38,p.730. mission issued and in effect or pending on review, based on section 2 of said Act of October 15, 1914, prior to the effective date of this amendatory Act : Provided, That where, prior to the effective date Peaso. orde rs of of this amendatory Act, the Federal Trade Commission has issued Fe der al Trade Com- an order requi ring any person t o cease and desis t from a violatio n mission. of section 2 of said Act of October 15, 1914, and such order is pend- ing on review or is in effect, either as issued or as aff irmed or modi- fied by a court of competent jurisdiction, and the Commission shall Proceedings here have reason to believe that such person has committed, used or car- violations committed. ried on, since the effective date of this amendatory Act, or is com- mitting, using or carrying on, any act, practice or method in viola- tion of any of the provisions o f said section 2 as amended by thi s Act, it may reopen such original proceeding and may issue and serve upon such pers on its complaint, supplementary to the original com - plaint, stating its charges in that respect. Thereupon the same pro- ceedings shall be had upon such supplementary complaint as pro- vided in section 11 of said Act of October 15, 1914. If upon such hearing the Co mmission shall be of the opinion t hat any act, prac - tice, or method charged in said supplementary complaint has been committed, used, or carried on since the effective date o f this amenda- tory Act, or is being committed, used or carried on, in violation of said section 2 as amended by this Act, it shall make a report in Re port of findings. writing in which it shall state its findings as to the facts and shall issue and serve upon such person its order modifying or amending