Section 1 Short title
This Act may be cited as the “Fair Prices for Local Businesses Act”.
Fair Prices for Local Businesses Act
A BILL
To strengthen the prohibition on price discrimination under the Clayton Act, and for other purposes.
Sec. 2 Clayton Act amendments
in section 2 (15 U.S.C. 13)—
in subsection (a)—
by striking “in commerce” each place it appears and inserting “in commerce or in any activity affecting commerce”;
by striking “commodities” each place it appears and inserting “products or services”;
by inserting “service provision,” after “sale,”;
by striking “goods, wares, or merchandise” and inserting “products or services”;
by striking “goods” each place it appears and inserting “products or services”; and
by inserting “functional discounts or” after “due allowance for”;
in subsection (b)—
by inserting “including a person charged with inducing or receiving such discrimination,” after “person charged with a violation of this section,”; and
by striking “: Provided, however, That nothing herein contained shall prevent 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 competitor, or the services or facilities furnished by a competitor”;
in subsection (c)—
by striking “in commerce” and inserting “in commerce or in any activity affecting commerce”; and
by striking “goods, wares, or merchandise” and inserting “products or services”;
in subsection (d)—
by striking “in commerce” and inserting “in commerce or in any activity affecting commerce”; and
by striking “products or commodities” each place it appears and inserting “products or services”;
in subsection (e)—
by inserting “engaged in commerce or in any activity affecting commerce” after “any person”; and
by striking “commodity” each place it appears and inserting “product or service”;
by amending subsection (f) to read as follows:
“(f)
“(1) Subject to paragraph (2), it shall be unlawful for any person engaged in commerce or in any activity affecting commerce, in the course of such commerce or in the course of any activity affecting commerce, to induce or receive the benefit of any violation of this section.
“(2) In the case of a person with annual retail sales that do not exceed $100,000,000,000, paragraph (1) shall only apply if the person knowingly induced or received the benefit of the violation of this section.”
by adding at the end the following:
“(g) For purposes of this section—
“(1) the term purchase means to pay or grant anything of value in exchange for a product or service; and
“(2) the term purchaser means a person who pays or grants anything of value in exchange for a product or service, whether or not—
“(A) title passes to the payor or grantor; and
“(B) the payor or grantor exercises dominion or control over the product or service.”
in section 4 (15 U.S.C. 15)—
in subsection (a), by inserting “and (c)” after “Except as provided in subsection (b)”;
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following:
“(c) In an action brought with respect to a violation of any subsection of section 2, the plaintiff, upon a showing of proof that the plaintiff has been unlawfully discriminated against by the defendant—
“(1) shall conclusively be presumed to have sustained injury and damages equal to the monetary amount or equivalent of the unlawful discrimination; and
“(2) may establish damages in addition to the damages described in paragraph (1), if any, that the plaintiff sustained as a result of the discrimination.”
Applicability— The amendments made by this Act shall apply to transactions occurring on or after the date of enactment of this Act.