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15 U.S.C. §12: Definitions; short title Antitrust laws,as used herein, includes the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hundred and ninety; sections seventy-three to seventy-seven, inclusive, of an Act entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes," of August twenty- seventh, eighteen hundred and ninety-four; an Act entitled "An Act to amend sections seventy-three and seventy-six of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled An Act to reduce taxation, to provide revenue for the Government, and for other purposes, " approved February twelfth, nineteen hundred and thirteen; and also this Act. 这里所用的“反托拉斯法”是指：①１８９０年７月２日通过的《保护贸易和商业免于非法限制和垄断法》；②１８９４年８月２７日通过的《为了政府收入和其它目的、减少税收法》第７３至７７条；③《１８９４年８月２７日法第７３和７６条的修正案》，即１９１３年２月１２日通过的《为了国家收入和其它目的、减少税收法》；④本法。 "Commerce," as used herein, means trade or commerce among the several States and with foreign nations, or between the District of Columbia or any Territory of the United States and any State, Territory, or foreign nation, or between any insular possessions or other places under the jurisdiction of the United States, or between any such possession or place and any State or Territory of the United States or the District of Columbia or any foreign nation, or within the District of Columbia or any Territory or any insular possession or other place under the jurisdiction of the United States: Provided, That nothing in this Act contained shall apply to the Philippine Islands. 这里的“商业”是指州际间或与外国的商业和贸易，或哥伦比亚区、美国准州同其它州、准州、外国的商业和贸易，或美国司法管辖权下的属地之间或其它地方之间的商业和贸易，或哥伦比亚区内、准州内、美国司法管辖权下的任何属地及其它地区内的商业和贸易。 本法不适用于菲律宾群岛。 The word "person" or "persons" wherever used in this Act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. (b) This Act may be cited as the "Clayton Act". 这里的“人”包括依据美国联邦法律、州法、准州法或外国法成立的或经上述法律授权的现存公司和组织。 （ｂ）本法名为《克莱顿法》。 15 U.S.C. §13: Discrimination in price, services, or facilities (a) Price; selection of customers It shall be unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such commodities are sold for use, consumption, or resale within the United States or any Territory thereof or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, and where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them: Provided, That nothing herein contained shall prevent differentials which make only due allowance for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such commodities are to such purchasers sold or delivered: Provided, however, That the Federal Trade Commission may, after due investigation and hearing to all interested parties, fix and establish quantity limits, and revise the same as it finds necessary, as to particular commodities or classes of commodities, where it finds that available purchasers in greater quantities are so few as to render differentials on account thereof unjustly discriminatory or promotive of monopoly in any line of commerce; and the foregoing shall then not be construed to permit differentials based on differences in quantities greater than those so fixed and established: And provided further, That nothing herein contained shall prevent persons engaged in selling goods, wares, or merchandise in commerce from selecting their own customers in bona fide transactions and not in restraint of trade: And provided further, That nothing herein contained shall prevent price changes from time to time where in response to changing conditions affecting the market for or the marketability of the goods concerned, such as but not limited to actual or imminent deterioration of perishable goods, obsolescence of seasonal goods, distress sales under court process, or sales in good faith in discontinuance of business in the goods concerned. 从事商业的人在其商业过程中，直接或间接地对同一等级和质量商品的买者实行价格歧视，如果价格歧视的结果实质上减少竞争或旨在形成对商业的垄断，或妨害、破坏、阻止同那些准许或故意接受该歧视利益的人之间的竞争，或者是同他们的顾客之间的竞争，是非法的。这里歧视所涉及的购买是在商业过程中，商品是为了在美国内、准州内、哥伦比亚区内、或美国司法管辖权下的属地及其它地域内的使用、消费和销售。 本规定不适用于那些因制造、销售、运输成本不同所做的合理补贴。 联邦贸易委员会认为某商品或各类商品中，大量购买者是如此少，以至于根据购买数量提出价格差异是歧视性的或旨在促成商业垄断时，经过对所有利益各方当事人的适当调查和审理后，可确定一个数量标准，并在必要时予以修改。 前款不适用于超过联邦贸易委员会规定的数量标准的数量差异所准许的差价。 本规定不限制销售商在善意的而不是限制贸易的交易中，挑选顾客。 本规定不限制随着影响市场的条件的变化而产生的价格变化，或随有关商品的可销售性产生的价格变化，这包括但不限于易腐烂商品在或即将变质、季节性商品的过时、司法程序下扣押品的拍卖以及停业中善意的商品销售。 (b) Burden of rebutting prima-facie case of discrimination Upon proof being made, at any hearing on a complaint under this section, that there has been discrimination in price or services or facilities furnished, the burden of rebutting the prima-facie case thus made by showing justification shall be upon the person charged with a violation of this section, and unless justification shall be affirmatively shown, the Commission is authorized to issue an order terminating the discrimination: 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.
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发表于 2018-5-30 18:01:31
