SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2023 SESSION
23101769DBe it enacted by the General Assembly of Virginia:
1. 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. Definitions.
When used in this chapter, unless the context requires a different meaning:
(a) The term
"person" "Commodity" includes
any kind of real or personal property.
"Person" includes, unless the context otherwise requires,
any natural person,; any trust or association of
persons, formal or otherwise,; or any corporation,
partnership, company, or other legal or commercial entity.
(b) The terms "trade "Service" includes any activity that
is performed in whole or in part for the purpose of financial gain, including
personal service, rental, leasing, or
licensing for use.
"Trade or
commerce," "trade," and or "commerce," include includes all economic activity
involving or relating to any commodity, service,
or business activity.
(c) The term
"commodity" includes any kind of real or
personal property.
(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.
§ 59.1-9.7. Discriminatory practices unlawful; proof; payment or acceptance of certain commissions, etc., unlawful.
(a) 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) 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) 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) 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) 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) 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.
§ 59.1-9.11. Penalty for flagrant violations.
In any action or proceeding brought under
subsection A of § 59.1-9.15
(a) the court may assess for the benefit of the
Commonwealth a civil penalty of not more than $100,000
for each willful or flagrant violation of this
chapter. No civil penalty shall be imposed in connection
with any violation for which any fine or penalty is imposed pursuant to federal
law.
§ 59.1-9.12. Personal suit for injunction or actual damages.
(a) A. Any
person threatened with injury or damage to his business or property by reason
of a violation of this chapter may institute an action or proceeding for
injunctive relief, disgorgement, and
other forms of equitable monetary
relief as the court deems appropriate when and under the
same conditions and principles as injunctive relief is granted in other cases.
(b) B. Any
person injured in his business or property by reason of a violation of this
chapter may recover the actual damages sustained,
and, as determined by the court, the costs of suit and reasonable attorney's
attorney fees. If the trier of facts finds
that the violation is willful or flagrant, it may increase damages to an amount
not in excess of three times the actual damages sustained.
§ 59.1-9.13. Effect of conviction in other proceedings.
A final judgment or decree to the effect that a defendant has
violated this chapter, other than a consent judgment or decree entered before
any testimony has been taken, in an action or proceeding brought under subsection A of
§ 59.1-9.15 (a)
is prima facie evidence against that defendant in any other action or
proceeding against him brought under § 59.1-9.12 or
subsection B of § 59.1-9.15
(b) as to all matters with respect to which the judgment or
decree would be an estoppel between the parties thereto.
§ 59.1-9.14. Limitation of actions.
(a) A. An action
under subsection A of § 59.1-9.15 (a) to recover a civil penalty
is barred if it is not commenced within four years after the cause of action
accrues.
(b) B. An
action under subsection B of
§ 59.1-9.12 (b)
or subsection B of § 59.1-9.15 (b) to recover damages is
barred if it is not commenced within four years after the cause of action
accrues, or within one year after the conclusion of any action or proceeding
under subsection A of § 59.1-9.15 (a) commenced within or before
that time based in whole or in part on any matter complained of in the action
for damages, whichever is later.
§ 59.1-9.15. Actions on behalf of Commonwealth or localities; injunctive and other equitable relief; damages.
(a) A. The
Attorney General on behalf of the Commonwealth, or the attorney for the
Commonwealth or county attorney on behalf of a county, or the city attorney on
behalf of a city, or the town attorney on behalf of a town may institute
actions and proceedings for injunctive relief, disgorgement,
and other forms of equitable monetary relief as the court deems appropriate,
and civil penalties for violations of this chapter. In any such action or
proceeding in which the plaintiff substantially prevails, the court may award
the cost of suit, including a
reasonable attorney's fee attorney fees, to such
plaintiff.
(b) B. The
Commonwealth, a political subdivision thereof, or any public agency injured in
its business or property by reason of a violation of this chapter, may recover
the actual damages sustained, reasonable attorney's attorney fees and the costs of
suit. If the trier of facts finds that the violation is willful or flagrant, it
may increase damages to an amount not in excess of three times the actual
damages sustained.
(c) C. The
Attorney General in acting under subsection (a) or (b) of this section may also
bring such action on behalf of any political subdivision of the Commonwealth,
provided that the Attorney General shall notify each such subdivision of the
pendency of the action and give such subdivision the option of exclusion from
the action.
(d) D. The
Attorney General may bring a civil action to recover damages and secure other
relief as provided by this chapter as parens patriae respecting injury to the
general economy of the Commonwealth.