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FEDER AL REGISTER, Friday, August 18, 1939
misleading or deceiving purchasers, pro with the sale of industry products, or as spective purchasers or the consuming an inducement thereto, by any scheme public, is an unfair trade practice.
which involves lottery or scheme of 110.6 R ule 6. Inducing breach of chance, is an unfair trade practice.
contract. Inducing or attempting to in 110.12 Rule 12. a Prohibited duce the breach of existing lawful con discriminatory prices, or rebates, re tracts between competitors and their cus funds, discounts, credits, etc. which tomers or their suppliers by any false or effect unlawful price discrimination. It deceptive means whatsoever, or interfer is an unfair trade practice for any mem ing with or obstructing the performance ber of the industry engaged in com of any such contractual duties or serv merce, in the course of such com ices by any such means, with the purpose merce, to grant or allow, secretly or and effect of unduly hampering, injuring openly, directly or indirectly, any re or prejudicing competitors in their busi bate, refund, discount, or credit, or freight or transportation cost or any nesses, is an unfair trade practice.
110.7 R ule 7. Commercial bribery. percentage thereof, or other form of It is an unfair trade practice for a mem price differential,4 where such rebate, ber of the industry directly or indirectly refund, discount, or credit, or freight to give, or offer to give, or permit or or transportation cost or any percent cause to be given, money or anything of age thereof, or other form of price dif value to agents, employees or representa ferential 4 effects a discrimination in tives of customers or prospective custom price between different purchasers of ers, or to agents, employees or represen goods of like grade and quality, where tatives of competitors customers or pros either or any of the purchases involved pective customers, without the knowledge therein are in commerce,6 and where of their employers or principals, as an the effect thereof may be substantially inducement to influence their employers to lessen competition or tend to create or principals to purchase or contract to a monopoly in any line of commerce, purchase products manufactured or sold or to injure, destroy, or prevent competby such industry member or the maker tition with any person who either grants of such gift or offer, or to influence such or knowingly receives the benefit of such employers or principals to refrain from discrimination or with customers of dealing in the products of competitors or either of them: Provided, however from dealing or contracting to deal with 1 That the goods involved in any competitors.
such transaction are sold for use, con 110.8 Rule 8. im itation of trade sumption, or resale within any place marks, etc. The practice of imitating or under the jurisdiction of the United causing to be imitated, or directly or in States;
directly promoting or aiding the imita 2 That nothing herein contained tion of, the trade-marks, trade names or shall prevent differentials which make other exclusively owned symbols or marks only due allowance for differences in of identification of competitors, or the the cost of manufacture, sale, or de exclusively owned patterns of competi livery resulting from the differing meth tors which have not been directly or by ods or quantities in which such com operation of law dedicated to the public, modities are to such purchasers sold or having the capacity, tendency or effect delivered;
of misleading or deceiving purchasers, 3 That nothing herein contained prospective purchasers or the consuming shall prevent persons engaged in selling public, is an unfair trade practice.
goods, wares, or merchandise in com 110.9 R ule 9. Defamation of com merce6 from selecting their own cus petitors or disparagement of their prod tomers in bona fide transactions and ucts. The defamation of competitors by not in restraint of trade;
falsely imputing to them dishonorable 4 That nothing herein contained conduct, inability to perform contracts, shall prevent price changes from time to questionable credit standing, or by other time where made in response to chang false representations, or the false dis ing conditions affecting either a the paragement of the grade, quality or market for the goods concerned, or b manufacture of the products of com the marketability of the goods, such as, petitors or of their business methods, but not limited to, actual or imminent selling prices, values, credit terms, poli deterioration of perishable goods, obso cies or services, or conditions of employ lescence of seasonal goods, distress sales ment, is an unfair trade practice.
under court process, or sales in good 110.10 Rule 10. Fictitious price faith in discontinuance of business in lists. The publishing or circulating by the goods concerned.
any member of the industry of false or b Prohibited brokerage and com misleading price quotations, price lists, terms or conditions of sale, or reports as missions. It is an unfair trade practice to production or sales, with the tendency for any member of the industry engaged and capacity or effect of misleading or in commerce,6 in the course of such com deceiving purchasers, prospective pur merce, to pay or grant, or to receive or chasers or the consuming public, is an accept, anything of value as a commisunfair trade practice.
4Paragraph a of Rule 12 shall not be 110.11 Rule 11. Use of lottery as embracing practices prohibited schemes. The offering or giving of construed by Paragraphs b , . c , and d of this prizes, premiums or gifts in connection rule.

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sion, brokerage, or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares, or merchandise, either to the other party o such transaction or to an agent, representative, or other inter mediary therein, where such intermedi ary is acting in fact for or in behalf, or is Subject to the direct or indirect con trol, of any party to such transaction other than the person by whom such compensation is so granted or paid.
c Prohibited advertising or promo tional allowances, etc. It is an unfair trade practice for any member of the industry engaged in commerce5 to pay or contract for the payment of advertis ing or promotional allowances or any other thing of value to or for the benefit of a customer of such member in the course of such commerce as compensa tion 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 or commodities manufactured, sold, or offered for sale by such member, unless such payment or consideration is available on proportion ally equal terms to all other customers competing in the distribution of such products or commodities.
d Prohibited discriminatory services or facilities. It is an unfair trade prac tice for any member of the iridustry en gaged in commerce to discriminate in favor of one purchaser against another purchaser or purchasers of a commodity bought for resale, with or without proc essing, by contracting to furnish or by furnishing, or by contributing to the fur nishing of, any services or facilities con nected with the processing, handling, sale, or offering for sale of such com modity so purchased upon terms not ac corded to all purchasers on proportion ally equal terms.
e Inducing or receiving an illegal discrimination in price. It is an unfair trade practice for any member of the industry engaged in commerce6 in the course of such commerce, knowingly to induce or receive a discrimination in price which is prohibited by the fore going provisions of this Rule 12.
110.13 Rule 13. Aiding or abetting use of unfair trade practices. It is an unfair trade practice for any person firm or corporation to aid, abet, coerce or induce another, directly or indirectly, to BAs herein used, the word commerce 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 juris diction of the United States, or between any such possession or place and any State or Territory of the United States or the Dis trict of Columbia or any foreign nation, or within the District of Columbia or any Ter ritory or any insular possession or other place under the jurisdiction of the United States: Provided, That this shll not apply to the Philippine Islands.