Indirect Price Discrimination
- The Clayton Act claims price discrimination through brokerage commissions is indirect price discrimination
- A broker is paid commission to serve as a link between a buyer and seller. They are paid either by the buyer or seller
- A buyer can price discriminate by setting up a sham broker who then turns the commission over to the buyer, thus giving the buyer a price discount
- Discriminatory allowances and services are another form of indirect price discrimination
- This is only illegal if it is discriminatory
- Examples include paying for advertising, or providing the promotional services to a favored buyer