33Exception for joint buying and promotion agreements

1. A provision in a contract, arrangement, or understanding does not have the purpose, effect, or likely effect of price fixing if the provision—

2. relates to the price for goods or services to be collectively acquired, whether directly or indirectly, by some or all of the parties to the contract, arrangement, or understanding; or
3. provides for joint advertising of the price for the resupply of goods or services acquired in accordance with paragraph (a); or
4. provides for a collective negotiation of the price for goods or services followed by individual purchasing at the collectively negotiated price; or
5. provides for an intermediary to take title to goods and resell or resupply them to another party to the contract, arrangement, or understanding.