Page 8 - Beverage Master August-September 2019
P. 8

Craft Beverage

                     This Code Section Also Indicates:              as actual or imminent deterioration of perishable
                                                                    goods, obsolescence of seasonal goods, distress
                  “PAYMENT OR ACCEPTANCE OF COMMISSION,             sales under court process, or sales due to the dis-
               BROKERAGE, OR OTHER COMPENSATION  It shall           continuance of sales of the goods concerned. The
               be unlawful for any person engaged in commerce,      US Federal Trade Commission has the power to
               in the course of such commerce, to pay or grant,     stop any kind of unfair business practices including
               or to receive or accept, anything of value as a com-  but not limited to exclusionary exclusive dealing
               mission, brokerage, or other compensation, or any    contracts.
               allowance or discount in lieu thereof, except for
               services rendered in connection with the sale or       Anti-bribery regulations are made, published and
               purchase of goods, wares, or merchandise, either     implemented all over the world. They are becoming
               to the other party to such transaction or to an      more obvious in China, Ireland, and Saudi Arabia.
               agent, representative, or other intermediary there-  Enforcement in other countries is somewhat irreg-
               in where such intermediary is acting in fact for or in  ular. Enforcement in the US is aggressive when the
               behalf, or is subject to the direct or indirect control,  facts warrent investigatioin and punishment.
               of any party to such transaction other than the per-
               son by whom such compensation is so granted or         The Massachuetts Supreme Judicial Court case
               paid.”                                               discussed in this article will be followed closely by
                                                                    other jurisdictions in the US. This type of kick-back
                 This rule does not apply if there are differences in   may be viewed as a form of bribery in other juris-
               the cost of manufacture, sale, or delivery relating   dictions with large fines to follow. Be aware.
               to one purchaser and not to another. Also the rule
               does not prohibit price changes from time to time              For more information contact...
               where a price change is in response to changing                        Dan Minutillo
               market conditions of the goods concerned, such         

               6      August - September  2019     BEVERAGE MASTER

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