2017 ORS 646.070¹
Special payments to customers

No person engaged in commerce or food commerce, or both, in the course of such commerce, shall 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 or commodities manufactured, service or output of a service trade, 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 or commodities, or service, or output of service trades.

Notes of Decisions

These sec­tions were modeled after Robinson-Patman amend­ment to Clayton Act and federal cases interpreting federal statutes are persuasive in their interpreta­tion. Redmond Ready-Mix, Inc. v. Coats, 283 Or 101, 582 P2d 1340 (1978)

Price discrimina­tion under Oregon Anti-Price Discrimina­tion Law may include buy-back of obsolete inventory and difference in credit terms available to competing dealers. Forster v. Kawasaki Motors Corp., 73 Or App 439, 698 P2d 1001 (1985), Sup Ct review denied

Atty. Gen. Opinions

“Kickbacks” on school photographer contracts, (1974) Vol 37, p 49

Law Review Cita­tions

51 OLR 341-354, 408 (1972)

Chapter 646

Notes of Decisions

Subject matter regulated by this chapter is not “preempted” by Federal Robinson-Patman Act so as to render this chapter invalid. W. J. Seufert v. Nat. Restaurant Supply Co., 266 Or 92, 511 P2d 363 (1973)

Whether an injunc­tion should issue when a court finds a viola­tion of the Act is a matter of discre­tion. State ex rel Johnson v. Interna­tional Harvester Co., 25 Or App 9, 548 P2d 176 (1976)

This chapter imposes no af­firm­a­tive duty to inform customers of rates in absence of request, but prohibits making in­for­ma­­tion about prices available to some customers and not others. Wildish Sand & Gravel v. Northwest Natural Gas Co., 103 Or App 215, 796 P2d 1237 (1990), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 646—Trade Practices and Antitrust Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors646.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 646, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano646.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.