                                 CODE OF VIRGINIA

DISCRIMINATORY PRACTICES UNLAWFUL; PROOF; PAYMENT OR ACCEPTANCE OF CERTAIN
COMMISSIONS, ETC., UNLAWFUL (§ 59.1-9.7)

A. It is 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 or services of like grade and quality, where
either or any of the purchasers involved in such commerce are in competition,
where such commodities or services are sold for use, consumption or resale
within the Commonwealth 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 different methods or
quantities in which such commodities or services are to such purchasers sold or
delivered; and provided further, that nothing herein contained shall prevent
persons engaged in selling commodities or services 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.

B. Upon proof being made, at any suit on a complaint under this section, that
there has been discrimination in price or services or facilities furnished or in
payment for services or facilities to be rendered, 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; 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.

C. It is unlawful for any person engaged in commerce, in the course of such
commerce, to pay or grant, or to receive or accept, anything of value as a
commission, brokerage, or other compensation, or any allowance or discount in
lieu thereof, except for and not exceeding the actual cost of such services
rendered in connection with the sale or purchase of goods, wares or merchandise.

D. It is unlawful for any person engaged in commerce to pay or contract for the
payment of anything of value to or for the benefit of a customer 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, commodities
or services manufactured, sold or offered for sale by such person, unless such
payment or consideration is available on proportionally equal terms to all other
customers competing in the distribution of such products, commodities or
services.

E. It is unlawful for any person to discriminate in favor of one purchaser
against another purchaser or purchasers of a commodity bought for resale with or
without processing, by contracting to furnish or furnishing, or by contributing
to the furnishing of, any services or facilities connected with the processing,
handling, sale or offering for sale of such commodity so purchased upon terms
not accorded to all purchasers on proportionally equal terms.

F. It is unlawful for any person engaged in commerce, in the course of such
commerce, knowingly to induce or receive a discrimination in price that is
prohibited by this section.

HISTORY: 1974, c. 545; 2023, c. 522.