Section 240.5 (Definition of competing customers): The FTC amended this section to include references to the Internet.

Section 240.7 (Services or facilities): The FTC added an example to this section to provide additional guidance on differentiating between a product's initial sale and its resale. The FTC also added two examples to clarify that special packaging or package sizes are considered promotional services only so long as they primarily promote a product's resale, not its original sale to a retailer.

Section 240.9 (Proportionally equal terms): The FTC revised Example 4 to provide that when identifying some customers in its advertising, a seller must make the same or alternative services available to other customers on proportionally equal terms.

Section 240.13 (Customer's and third party liability): The FTC amended this provision to reflect the Supreme Court's instruction that the Robinson-Patman Act should be focused on harm to competition. Accordingly, the FTC stated that where there is likely harm to competition, the FTC may bring a Section 5 action against a customer who knows or should know it is receiving disproportionate services or allowances. It also revised this section to acknowledge the possible applicability of section 2(a) and 2(f) of the Robinson-Patman Act to promotional allowances and the related risk of customer enforcement.