Page:United States Statutes at Large Volume 50 Part 1.djvu/107

 82 Discriminatorypay- ments, etc. Bribe ry, etc. Mi sre pres ent ing character, etc ., of coal. Unauthorized use of competitor's tr ade marks, etc. Inducing breach of competitor's contract. Sp litt ing co mmis - sions, etc. Selling to agent of retailer or industrial consumer, etc. Co mpen sat ion obv i- ously disproportion- ate to services ren- dered. Sales through f arm. ers' cooperative organ- izations. Sal es thr ough an intervening, etc ., agency. Rebates for pur- cha ses in who lesa le, etc ., quantities. Jurisdi ction of Com- mission over code violations. Rules respecting hearings. Adjustments. 75TH CONGRESS, 1sT SESSION-CH. 127-AP RIL 26, 1937 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 con- cernin g a competi tor's busin ess by conc ession, gif ts, or brib es. 8. The intentional misrepresentation of any analysis or of analyses, or of sizes, or the intentional making, causing, or permitting 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, trade names, slogans, or advertising matter already adopted by a competitor, or any deceptive approximation thereof. 10 . Inducing or attempting to induce, by any means or device what- soever, a breach of contract between a competitor and his customer during the term of such contract. 11 . Splitting or dividing commissions, brokers' fees, or brokerage discounts, or otherwise in any manner directly or indirectly using brok erage commi ssion s or jobber s' ar range ments or sa les ag encie s for mak ing d iscoun ts, a llowa nces, or re bates, or p rices 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 instru- mentality of a retailer or an industrial consumer or of an organiza- tion of retailers or industrial consumers, whereby they are 1 any of them secure either directly or indirectly a discount, dividend, allow- ance, or rebates, or a price other than that determined in the manner pre scrib ed by this Act. 13 . Employing any person or appointing any sales agent, at a compensation obviously disproportionate to the ordinary value of the service or services rendered, and whose employment or appoint- ment is made with the primary intention and purpose of securing preferment with a purchaser or purchasers of coal. It shall not be an unfair method of competition or a violation of the code or any requirement of this Act (1) to sell to or through any bona-fide and legitimate farmers' cooperative organization duly organized under the laws of any State, Territory, the District of Columbia, or the United States whether or not such organization grants rebates, discounts, patronage dividends, or other similar bene- fits to its members ; (2) to sell through any intervening agency to any such cooperative organization ; or (3 ) to pa y or al low to any such cooperative organization or to any such intervening agency any discount, commission, rebate, or dividend ordinarily paid or allowed, or permitted by the code to. be paid or allowed, to other purchasers for purchases in wholesale or middleman quantities. (j) The Commission shall have jurisdiction to hear and determine written complaints made by any code member, district board, or member thereof, State or political subdivision of a State, or the con- sumers' counsel, which charge any violation of the code specified in part II of this section. It shall make and publish rules and regula- tions for the consideration and hearing of any such complaint, and all interested parties shall be required to conform thereto. The Com- mission shall make due effort toward adjustment of such complaints and shall endeavor to compose the differences of the parties, and 'So in original.