HB 1546 — Virginia Antitrust Act; disgorgement and other forms of equitable monetary relief.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E522 An Act to amend and reenact §§ 59.1-9.3, 59.1-9.7, and 59.1-9.11 through 59.1-9.15 of the Code of relief.a,Virginia, relating to Virginia Antitrust Act;

disgorgement and other forms of equitable moneRarymonetary Orelief. [H 1546] L Approved L Be it enacted by the General Assembly of Virginia:

E[H 1.1546] Approved March 26, 2023 Be it enacted by the General Assembly of Virginia:

That1. §§ 59.1-9.3, 59.1-9.7, and 59.1-9.11 through 59.1-9.15 of the Code of Virginia are amenDed and§ 59.1-9.3.

That §§ 59.1-9.3, 59.1-9.7, and 59.1-9.11 through 59.1-9.15 of the Code of Virginia are amended and reenacted as follows:

§ 59.1-9.3.

"Person"of includes,persons, unlessformal theor contextotherwise,; otherwise requires, any natural person,;

or any trustcorporation, orpartnership, associationcompany, ofor persons,other formallegal or otherwise,;commercialon entity.

or(b) The terms "trade "Service" includes any corporation,activity partnership,that company,is performed in whole or otherin legalpart for the purpose of financial gain, including personal service, rental, leasing, or commerciallicensing entity.for use.

(b)"Trade Theor termscommerce," "trade"trade," "Service"and includesor any"commerce," activityinclude thatincludes isall performedeconomic inactivity wholeinvolving or inrelating partto fHrany thecommodity, purpose of financial gain, including personal service, rental, leasing, or licensingbusiness foractivity. use.

1 or relating to any commodity, service, or business activity.includes all economic activity invo4ving (c) The term "commodity" includes any kind of real or personal property.

E (d) The term "service" includes any activity that is performed in whole or in part for the purpose of financial gain, including but not limited to personal service, rental, leasing or licensing for use.

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;

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;

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 shall prevent a seller rebutting the primaperson faciecharged casewith thusa madeviolation by showing that his lower price or the furnishing of servicesthis orsection; 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.

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.

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 of 2 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 of 2 products, commodities or services.