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15 U.S.C. § 13A

Section 13a · Discrimination in rebates, discounts, or advertising service charges; underselling in particular localities; penalties

This is the Sherman Antitrust Act

Amended 1 time on record

Applied in 133 court decisions — leading case United States v. National Dairy Products Corp. (1963)

Most recently applied in Monarch Content Management LLC v. Arizona Department of Gaming (August 2020)

Cases citing this section usually also cite 15 U.S.C. § 13 · 15 U.S.C. § 1 · 15 U.S.C. § 15

How often courts cite this section

193619401950196019701980198540ch. 592enacted · 1936 · ch. 592United States v. National Dairy Products Corp.leading · 1963 · United States v. National Dairy Products Corp.
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

It shall be unlawful for any person engaged in commerce, in the course of such commerce, to be a party to, or assist in, any transaction of sale, or contract to sell, which discriminates to his knowledge against competitors of the purchaser, in that, any discount, rebate, allowance, or advertising service charge is granted to the purchaser over and above any discount, rebate, allowance, or advertising service charge available at the time of such transaction to said competitors in respect of a sale of goods of like grade, quality, and quantity; to sell, or contract to sell, goods in any part of the United States at prices lower than those exacted by said person elsewhere in the United States for the purpose of destroying competition, or eliminating a competitor in such part of the United States; or, to sell, or contract to sell, goods at unreasonably low prices for the purpose of destroying competition or eliminating a competitor.

Any person violating any of the provisions of this section shall, upon conviction thereof, be fined not more than $5,000 or imprisoned not more than one year, or both.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Cross References

Exemption on non-profit institutions from provisions of this section, see section 13c of this title.

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