Control of Prices Act, 1937

Reports by the Commission where prices unreasonably high.

25.—(1) Where a price investigation is or includes an investigation into the prices charged for a particular kind of a commodity when sold under a particular set of conditions, and the Commission are of opinion that such prices are unreasonably high, the following provisions shall have effect, that is to say:—

(a) the Commission shall make a report to the Minister setting out—

(i) their said opinion and the reasons therefor;

(ii) their opinion as to whether such prices are influenced by any agreement or combination for interference with trade competition;

(iii) their opinion as to the price to which the said prices should be reduced and their reasons therefor;

(iv) their recommendations as to the best method of enforcing such reduction;

(v) such other matters (if any) as the Commission may think proper, or may have been requested by the Minister, to report upon;

(b) if the Commission recommend the Minister to make, in relation to such kind of such commodity, a price order their report shall also include—

(i) a draft of the proposed order, and

(ii) in case such draft provides that the maximum price specified therein is to be a variable price dependant on the price of any other commodity, the whole or any part of which is, in the opinion of the Commission, the principal or only constituent of such first-mentioned commodity, a statement of the price which is, in the opinion of the Commission, a reasonable price for such other commodity;

(c) if the Commission recommend the Minister to make, in relation to such kind of such commodity, a price (restriction on profits) order, their report shall also include a draft of the proposed order.

(2) Where a price investigation is or includes an investigation into the prices charged for a particular kind (being either a dutiable article or a restricted article or both) of a commodity when sold under the following set of conditions, namely by persons who are manufacturers or producers thereof in Saorstát Eireann, and the Commission are of opinion that such prices are unreasonably high, the following provisions shall, in addition to those mentioned in the immediately preceding sub-section, apply in respect of the report of the Commission, that is to say:—

(a) the said report shall specify the movements of the said prices over a specified period;

(b) if such kind of such commodity is a dutiable article but is not a restricted article, the said report shall also specify—

(i) the price which, in the opinion of the Commission an importer would give for it if it were imported direct from the manufacturer or producer thereof and were delivered, freight and insurance paid, in bond at a specified place of importation in Saorstát Eireann;

(ii) whether, in the opinion of the Commission, it is desirable that the customs duty payable thereon should be reduced and, if so, the extent of such reduction;

(c) if such kind of such commodity is a dutiable article and is also a restricted article, the said report shall also specify—

(i) the price which, in the opinion of the Commission, an importer would give for it, if it were not a restricted article, and if it were imported direct from the manufacturer or producer thereof and were delivered, freight and insurance paid, in bond at a specified place of importation in Saorstát Eireann;

(ii) whether, in the opinion of the Commission, it is desirable that the customs duty payable thereon should be reduced, and, if so, the extent of such reduction;

(iii) whether, in the opinion of the Commission, it is desirable that the restrictions on the importation thereof should be modified, and, if so, the extent of such modification;

(d) if such kind of such commodity is a restricted article but is not a dutiable article, the said report shall also specify—

(i) the price which, in the opinion of the Commission, an importer would give for it, if it were not a restricted article, and if it were imported direct from the manufacturer or producer thereof and were delivered freight and insurance paid at a specified place of importation in Saorstát Eireann;

(ii) whether, in the opinion of the Commission, the restrictions on the importation thereof should be modified, and, if so, the extent of such modification.