Clayton Act amendments

(a)

In general

The Clayton Act (15 U.S.C. 12 et seq.) is amended—(1)in section 2 (15 U.S.C. 13)—(A)in subsection (a)—(i)by striking in commerce each place it appears and inserting in commerce or in any activity affecting commerce;(ii)by striking commodities each place it appears and inserting products or services;(iii)by inserting service provision, after sale,;(iv)by striking goods, wares, or merchandise and inserting products or services;(v)by striking goods each place it appears and inserting products or services; and(vi)by inserting functional discounts or after due allowance for;(B)in subsection (b)—(i)by inserting including a person charged with inducing or receiving such discrimination, after person charged with a violation of this section,; and(ii)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;(C)in subsection (c)—(i)by striking in commerce and inserting in commerce or in any activity affecting commerce; and(ii)by striking goods, wares, or merchandise and inserting products or services;(D)in subsection (d)—(i)by striking in commerce and inserting in commerce or in any activity affecting commerce; and(ii)by striking products or commodities each place it appears and inserting products or services; (E)in subsection (e)—(i)by inserting engaged in commerce or in any activity affecting commerce after any person; and(ii)by striking commodity each place it appears and inserting product or service;(F)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.

; and

(G)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.

; and

(2)in section 4 (15 U.S.C. 15)—(A)in subsection (a), by inserting and (c) after Except as provided in subsection (b);(B)by redesignating subsection (c) as subsection (d); and(C)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.

(b)

Applicability

The amendments made by this Act shall apply to transactions occurring on or after the date of enactment of this Act.