14 1 before the first day of the month which begins after the 2 effective date of such rule, indicating for such refiner for 3 calendar years 1972 and 1975, by month: 4 5 6 7 8 9 10 11 12 23 13 14 15 16 17 18 19 20 (1) the total volume of gasoline distributed by such refiner, directly or indirectly, for sales through retail outlets, and (2) the percentage of such volume distributed for sale through refiner operated retail outlets. (b) For the purpose of this title: (1) The term "refiner" includes any person distributing gasoline in the United States who (other than by means of a franchise) controls, is controlled by, or is under common control with, a refiner. (2) The term "refiner operated retail outlets" means any retail outlet in the United States which sells gasoline to the general public for ultimate consumption which is operated by employees or agents of the refiner excluding any retail outlet operated by a franchisee who is not otherwise affiliated with such refiner. (c) The Administrator shall, upon receipt of the reports 21 described in subsection (a), promptly furnish copies thereof 22 to the Federal Trade Commission, which Commission shall 23 compute and publish in the Federal Register the national 24 average percentage, for calendar year 1972, which the volume of gasoline distributed by refiners, for sale through re26 finer operated retail outlets, was of the total volume of gaso 25 15 1 line distributed by refiners, directly or indirectly, through re 2 tail outlets in the United States. 3 RESTRAINT ON REFINERS INCREASING MARKET SHARES BY 4 5 6 INCREASING SALES TO REFINER OPERATED RETAIL OUTLETS SEC. 202. (a) The Federal Trade Commission shall, by 7 rule in accordance with section 553 of title 5, United States 8 Code, prohibit any refiner, during the two-year period whihe 9 begins on the date upon which such rule takes effect, from 10 distributing gasoline, for sale through refiner operated retail 11 outlets if the percentage which such volume is of the total volume of gasoline distributed by such refiner, directly or in13 directly, for sale through retail outlets in the United States, 14 exceeds the greater of 12 (1) the percentage, during calendar year 1975, which the volume of gasoline distributed by such refiner for sale through such outlets is of the total volume. of gasoline distributed, directly or indirectly, by such refiner for sale through retail outlets in the United States; or (2) the national average percentage, for calendar year 1972, of gasoline distributed for sale through refiner operated retail outlets as computed and published by the Federal Trade Commission pursuant to section 201 (c). 16 1 (b) The Federal Trade Commission may establish in 2 such rule an appropriate base period control volume refer 3 ence as a means of measuring compliance with the rule 4 under subsection (a) and may, by order, grant such excep5 tions, either on a case-by-case basis or by class, as the Com6 mission determines to be justified and consistent with the 7 purposes of this title. 9 SEC. 203. It shall be an unfair method of competition 10 in or affecting commerce (within the meaning of section 11 5(a) (1) of the Federal Trade Commission Act) for any 12 refiner to violate the rule under section 202. 13 14 15 FEDERAL TRADE COMMISSION STUDY SEC. 204. (a) The Federal Trade Commission shall study and, not later than eighteen months after the date 16 of enactment of this Act, report to the Congress with respect 17 to the legislative or regulatory means which the Commission 18 recommends to promote competition in the marketing of 19 automotive gasoline, including any recommendations for 20 appropriate prohibitions on predatory or discriminatory pric21 ing practices and any recommendations with respect to any 22 amendments to the Act of June 19, 1936, chapter 592 22 23 24 (15 U.S.C. 13, 13a, 13b, and 21A), commonly referred to as the Robinson-Patman Act, which may be necessary to 17 1 assure that such Act applies to vertically integrated petro2 leum companies. 3 (b) (1) The study and report required by subsection 4 (a) shall include analysis and recommendations respecting 5 the appropriateness of requiring price differentials to be 6 based upon, or related to, the costs of distribution or market7 ing functions performed, or the reasonable value of services 8 rendered, by the seller of automotive gasoline, which func9 tions or services are not uniformly offered to be performed 10 for, or rendered to, cach purchaser of automotive gasoline 11 from such seller. 121 (2) Such analysis of price differentials shall include 13 analysis of differentials related to (A) the providing of trademark, trade name, serv ice mark, or other identification; (B) volume discounts related to full transport load and multiple transport load purchases; (C) purchases during periods of reduced demand; (1) purchases of "surplus product"; (E) transportation and delivery in bulk quantities; (F) timing and location of deliveries; (G) storage; (II) the providing of credit card or other financing services; 18 (I) the providing of advertising and promotional services; (J) the providing of management and consultation services; and coolant levels. 8 (K) the providing of retail marketing services, such as cleaning windshields and checking oil and engine (c) The study and report required by subsection (a) 9 shall include analysis of the appropriateness of class of trade 10 or class of purchaser distinctions made by the petroleum 11 industry in the marketing of automotive gasoline and specific 12 recommendations respecting uniform standards for determin13 ing classes of automotive gasoline trade or classes of auto14 motive gasoline purchaser, which standards could be em15 ployed in a regulatory system based upon functional price 16 differentials. TITLE III-OCTANE DISCLOSURE 17 20 SEC. 301. As used in this title: (1) The term "gasoline retailer" means a person who 21 sells automotive gasoline to the general public for ultimate 22 consumption. 23 (2) The term "automotive gasoline" means gasoline of 24 a type distributed for use as a fuel in any motor vehicle. 25 (3) The term "motor vehicle" means any self-propelled |