S.I. No. 102/1955 - Restrictive Trade Practices (Radios) Order, 1955.

S.I. No. 102 of 1955.

RESTRICTIVE TRADE PRACTICES (RADIOS) ORDER, 1955.

I, WILLIAM NORTON, Minister for Industry and Commerce, having considered a report of the Fair Trade Commission under section 7 of the Restrictive Trade Practices Act, 1953 (No. 14 of 1953), into the conditions obtaining in regard to the supply and distribution of radio sets and accessories, hereby, in exercise of the powers conferred on me by section 9 of the said Act, order as follows :

1 Short Title.

1. This Order may be cited as the Restrictive Trade Practices (Radios) Order, 1955.

2 Definitions.

2. In this Order—

" the Commission " means the Fair Trade Commission;

" discount " and " markup " include, respectively, a discount or markup however expressed;

" goods to which this Order applies " means radio receiving sets (including television sets), any part thereof and accessories (excluding batteries) ;

" supplier " means any person engaged in the business of manufacturing, supplying for resale or selling for resale goods to which this Order applies ;

" retailer" means any person who resells to the public goods to which this Order applies.

3 Prohibition of resale price maintenance by individual supplier.

3.—(1) A supplier shall not require or induce or attempt to require or induce any person (whether directly or indirectly, by agreement, threat, promise or any other means) to resell or offer for resale goods to which this Order applies—

(a) at a fixed price specified by the supplier or established by agreement or otherwise, or

(b) at a price not less than a minimum price specified by the supplier or established by agreement or otherwise, or

(c) at a fixed markup or a fixed discount specified by the supplier or established by agreement or otherwise, or

(d) at a markup not less than a minimum markup specified by the supplier or established by agreement or otherwise, or

(e) at a discount not greater than a maximum discount specified by the supplier or established by agreement or otherwise.

(2) Nothing in paragraph (1) of this Article shall prevent a supplier from advertising or otherwise specifying, resale prices for goods to which this Order applies, provided such prices are maximum prices.

4 Prohibition of collective resale price maintenance.

4. There shall not be any joint or collusive action (whether directly or indirectly or by way of agreement or understanding or otherwise) between two or more suppliers or between one or more suppliers and one or more retailers or between two or more retailers which has or is likely to have the effect of ensuring that goods to which this Order applies will be resold or offered for resale—

(a) at a fixed price or at a price not less than a specified minimum price, or

(b) at a fixed markup, or at not less than a specified minimum markup, or

(c) at a fixed discount or at a discount not greater than a specified maximum discount, or

(d) on any other basis which involves eliminating or limiting competition in price between suppliers or between retailers.

5 Prohibition on collective fixing of suppliers' selling prices.

5. There shall not be any agreement, arrangement or understanding (whether induced by threat, promise or otherwise) between two or more suppliers as to the prices at which goods to which this Order applies will be supplied for resale or as to the discount to be allowed or the markup to be applied in respect of such goods.

6 Recommended price not binding as minimum price

6. Where a supplier indicates or recommends a resale price for goods to which this Order applies such price shall not be binding as a minimum resale price.

7 Prohibition on withholding of goods because of prices charged

7.—(1) A supplier shall not withhold goods to which this Order applies from any person by reason of—

(a) the prices charged or proposed to be charged by him on the resale of the goods, or

(b) his refusing to resell or to offer the goods for resale on any basis mentioned in paragraph (1) of Article 3 or in Article 4 of this Order, or

(c) his reselling or offering to resell the goods—

(i) at a price less than a fixed or minimum price specified by a supplier or established by agreement or otherwise, or

(ii) at a markup less than a fixed or minimum markup specified by a supplier or established by agreement or otherwise, or

(iii) at a discount greater than a fixed or maximum discount specified by a supplier or established by agreement or otherwise.

(2) The provisions of paragraph (1) of this Article shall not apply in the case of a person who resells or offers for resale goods to which this Order applies at a price exceeding a maximum resale price specified by the supplier of such goods.

8 Withholding of goods because of excessive price-cutting.

8.—(1) The provisions of paragraph (1) of Article 7 of this Order shall not apply in the case of a person who resells or offers for resale goods to which this Order applies at a price equal to or less than the purchase price and fails to give to the supplier an acceptable undertaking to discontinue doing so.

(2) Notwithstanding Article 7 of this Order, a supplier shall not be prevented from withholding goods to which this Order applies from a person who resells or offers for resale such goods at a price so little exceeding the purchase price as, in the opinion of the supplier of the goods concerned, materially to injure the supplier's legitimate business interests, subject, however, to such supplier immediately notifying the Commission, in writing, of the action taken and the reasons therefor.

(3) For the purposes of this Article the purchase price shall be deemed to be the price that would be payable by the person concerned if he were to replace the goods at the time of the resale or offer for resale, as the case may be, provided that such price is less than the price paid by that person to the supplier for the goods, but not otherwise.

9 Investigation by Commission into withholding of goods because of excessive price-cutting.

9.—(1) Where the Commission receive a notification from a supplier under paragraph (2) of Article 8 of this Order, the Commission may, on their own initiative, and shall, in the event of a complaint being received by them from the person from whom supplies have been withheld, investigate the matter.

(2) If, after an investigation made pursuant to paragraph (1) of this Article, the Commission inform a supplier that they are of opinion that the circumstances are not such as to justify the continued withholding of supplies, then, as from the date on which such notification is made to the supplier, paragraph (2) of Article 8 of this Order shall not permit the continued withholding of supplies by the supplier in the particular case concerned.

10 Prohibition on withholding of goods from persons not approved by a trade organisation.

10. A supplier shall not withhold goods to which this Order applies 1 from any person or discriminate against any person as to the terms on which such goods are supplied, because that person is or is not a member of any organisation or association or is not approved by any organisation or association or because that person's name appears or does not appear on any list not within the supplier's sole control, or because representations that supplies should be withheld fromsuch person or be made available only on specified terms have been made by or on behalf of any competitor or by an organisation or association.

11 Prohibition on coercing supplier to withhold supplies.

11. No person or combination of persons shall coerce or attempt to coerce a supplier to withhold supplies from any person or discriminate against any person as to the terms on which goods to which this Order applies may be supplied to him.

12 Prohibition on restricting entry to trade.

12. No supplier or retailer shall be a party to any agreement, arrangement or understanding (whether induced by threat, promise or otherwise) which has or is likely to have the effect of limiting or restricting entry to trade in goods to which this Order applies.

13 Imposition by individual supplier of terms and conditions for acceptance of orders.

13.—(1) Subject to the provisions of this Order, a supplier may apply to the acceptance of orders for goods to which this Order applies such terms and conditions, including conditions as to the size or frequency of such orders or as to the functions of a retailer or the services to be rendered to the public, as are reasonable in the interests of efficiency and economy in production and distribution or are necessary in the legitimate interests of the supplier's business, provided such terms and conditions are applied in an equitable manner to all persons seeking supplies of such goods.

(2) A supplier shall, as soon as may be, file with the Commission any terms or conditions applied by him to the acceptance of orders for goods to which this Order applies and any changes from time to time made by him in such terms or conditions.

(3) A supplier shall, upon the request of any person engaged in or proposing to engage in trade in goods to which this Order applies, make available to such person a statement of the relevant terms and conditions in operation.

(4) Nothing in this Article shall affect the power of the Commission to make fair trading rules relating to such terms and conditions.

14 Prohibition of lists of approved traders.

14.—(1) No association, organisation or other combination shall prepare, maintain, publish or issue or cause to be prepared, maintained, published or issued any lists of approved or non-approved persons or of persons classified in any way, which have or are likely to have the effect of limiting or restricting entry to trade in goods to which this Order applies or which are intended to be used as a basis for regulating or influencing the supply and distribution of such goods or the terms and conditions on which such goods will be supplied.

(2) No supplier or other person shall publish or issue or cause to be published or issued any such list as is referred to in paragraph (1) of this Article which has or is likely to have the effect of limiting or restricting entry to trade in goods to which this Order applies or which is intended to be used as a basis for regulating or influencing the supply and distribution of such goods or the terms and conditions on which such goods will be supplied.

(3) No person or combination of persons shall prepare, maintain, publish or issue any lists, or do any other act, designed to secure a boycott of any supplier because such supplier has refused to do any act which a supplier is prohibited from doing by this Order.

15 Prohibition of unfair differentiation by supplier.

15.—(1) A supplier shall not, as respects the terms and conditions on which goods (of like grade, quality or quantity) to which this Order applies may be obtained from him, differentiate, by means of any rebate, refund, discount, credit or any other similar concession or by the provision of any service, facility or other consideration of value, between one supplier and another or one retailer and another.

(2) Paragraph (1) of this Article shall not apply to differentiation, based on bona fide considerations of creditworthiness, by a supplier as to the time within which payment is to be made to him for goods supplied.

GIVEN under my Official Seal, this 27th day of May, 1955.

WILLIAM NORTON,

Minister for Industry and Commerce.