S.I. No. 151/1971 - Restrictive Trade Practices (Electrical Appliances and Equipment) Order, 1971.

S.I. No. 151 of 1971.

RESTRICTIVE TRADE PRACTICES (ELECTRICAL APPLIANCES AND EQUIPMENT) ORDER, 1971.

ARRANGEMENT OF ARTICLES.

Article.

1. Short Title.

2. Definitions.

3. Prohibition on coercing supplier to withhold goods.

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

5. Prohibition of lists of approved traders.

6. Prohibition of resale price maintenance at the instance of trade associations.

7. Prohibition of resale price maintenance by individual supplier.

8. Prohibition of collective resale price maintenance by suppliers.

9. Prohibition of collective fixing of suppliers' selling prices.

10. Prohibition on withholding of goods because of prices charged.

11. Imposition by individual suppliers of terms and conditions for acceptance of orders.

12. Prohibition of unfair differentiation by suppliers.

13. Electric cookers and ranges.

S.I. No. 151 of 1971.

R

I, PATRICK J. LALOR. Minister for Industry and Commerce, in exercise of the powers conferred on me by section 9 of the Restrictive Trade Practices Act, 1953 (No. 14 of 1953), hereby order as follows :

1 Short Title.

1. This Order may be cited as the Restrictive Trade Practices (Electrical Appliances and Equipment) Order, 1971.

2 Definitions.

2. In this Order–

"the Commission" means the Fair Trade Commission;

"discount" and "mark-up" include, respectively, a discount or mark-up however expressed;

"goods" means electrical appliances and equipment, fittings and accessories and installation materials of a type normally sold by wholesalers or by retailers or supplied to contractors, but does not include motor vehicle components, radio and television sets and scientific equipment;

"supplier" means any person engaged in the business of manufacturing goods or supplying or selling goods for resale or to electrical contractors.

3 Prohibition on coercing supplier to withhold goods.

3. An association or combination of persons shall not–

(a) coerce or induce or attempt to coerce or induce a supplier to withhold goods from any person or class of persons,

(b) discriminate against any person or class of persons in relation to the terms on which goods are supplied to him or them, or

(c) seek, whether by threat, promise or otherwise, to limit a supplier–

(i) in his choice of channels of distribution,

(ii) in his choice of customers, or

(iii) in the grant by the supplier, subject to this Order, of such terms as the supplier thinks appropriate to any person or class of persons.

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

4. A supplier shall not withhold goods from or discriminate against any person in relation to the terms on which goods are supplied because–

(a) that person is or is not a member of any association or organisation,

(b) that person is or is not approved of by any association or organisation,

(c) the name of that person appears or does not appear on any list, other than a list compiled or controlled solely by the supplier, or

(d) representations that supplies should–

(i) be withheld from such person, or

(ii) be made available only on specified terms, have been made by any other person or by any association or organisation.

5 Prohibition of lists of approved traders.

5. (1) An association, organisation or other combination of persons shall not prepare, maintain, publish or issue or cause to be prepared, maintained, published or issued any list of approved or non-approved persons or of persons classified in any way, which–

(a) has or is likely to have the effect of limiting or restricting entry to trade in goods, or

(b) is intended to be used as a basis for regulating or influencing the supply and distribution of goods, or the terms and conditions on which goods will be supplied.

(2) A person shall not publish or issue or cause to be published or issued any list of approved or non-approved persons or of persons classified in any way, which—

(a) has or is likely to have the effect of limiting or restricting entry to trade in goods, or

(b) is intended to be used as a basis for regulating or influencing the supply and distribution of goods or the terms and conditions on which goods will be supplied.

(3) A person or combination of persons shall not 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 is prohibited by this Order.

6 Prohibition of resale price maintenance at the instance of trade associations.

6. An association, organisation or other combination of persons shall not take any action which has, or is likely to have. the effect of ensuring that goods will be sold or offered for sale, resold or offered for resale—

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

(b) at a price which provides for a fixed mark-up or not less than a specified minimum mark-up, or

(c) at a price which provides for a fixed discount or a discount not greater than a specified maximum discount.

7 Prohibition of resale price maintenance by individual supplier.

7. (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 by any other means, to resell or offer for resale goods–

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

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

(c) at a price which provides for a fixed mark-up or a fixed discount specified by the supplier or established by agreement or otherwise,

(d) at a price which provides for a mark-up not less than a minimum mark-up specified by the supplier or established by agreement or otherwise, or

(e) at a price which provides for 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, recommending or suggesting resale prices for goods.

8 Prohibition of collective resale price maintenance by suppliers.

8. A supplier shall not take any action in collusion with any other supplier (whether directly or indirectly or by way of agreement, understanding or otherwise) which has or is likely to have the effect of ensuring that goods will be resold or offered for resale–

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

(b) at a price which provides for a fixed mark-up or a mark-up not less than a specified minimum mark-up, or

(c) at a price which provides for a fixed discount or a discount not greater than a specified maximum discount.

9 Prohibition of collective fixing of suppliers' selling prices.

9. (1) Subject to paragraph (2) of this Article, a supplier shall not enter into any agreement, arrangement or understanding with any other supplier as to–

(a) the price at which goods will be supplied,

(b) the discount to be allowed in respect of goods, or

(c) the mark-up to be applied in respect of goods.

(2) Nothing in paragraph (1) of this Article shall prevent a supplier from entering into an agreement, arrangement or understanding (not being an agreement, arrangement or understanding made in contravention of this Order) with a person as to–

(a) the price at which goods will be supplied by the supplier to such person, or

(b) the discount which will be allowed by the supplier to such person in respect of goods.

10 Prohibition on withholding of goods because of prices charged.

10. (1) Subject to paragraph (2) of this Article, a supplier shall not withhold goods from any person by reason of—

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

(b) the refusal of that person to comply with a requirement of the supplier which is in contravention of Article 7 (1) or Article 8 of this Order, or

(c) that person reselling or offering to resell goods or similar goods–

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

(ii) at a mark-up less than a fixed or minimum mark-up 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) If a person sells goods at or at less than the price at which he purchased them from a supplier, the supplier may withhold supplies of goods from that person until such time as that person gives an undertaking to the supplier to refrain from selling goods as aforesaid.

11 Imposition by individual suppliers of terms and conditions for acceptance of orders.

11. (1) A supplier shall have a written form of contract containing the terms and conditions upon and subject to which he is prepared to sell goods, and sales of goods by the supplier shall be effected upon and subject to those terms and conditions, provided such terms and conditions are not unduly onerous and are applied in an equitable manner to all persons seeking supplies of goods.

(2) Without prejudice to the generality of paragraph (1) of this Article, the terms and conditions aforesaid may include provisions–

(a) which are designed to promote efficiency and economy in production or distribution,

(b) which are necessary in the legitimate interests of a supplier's business,

(c) which are desirable for the avoidance of hazards to life or property arising from the sale, installation or use of goods,

(d) which relate to the size or frequency of orders,

(e) which relate to the qualifications and functions of wholesalers, retailers and electrical contractors,

(f) which relate to the services to be rendered to purchasers,

(g) which relate to prices, rebates, discounts, credits, or the provision of any service, facility or any other consideration of value, and

(h) which relate to the packing, despatch, storage and delivery of goods.

(3) A supplier shall, if requested, furnish a copy of the written form of contract aforesaid to any person engaged in, or proposing to engage in, trade in goods.

(4) A supplier shall, if required by the Commission, lodge with them a copy of the written form of contract aforesaid.

(5) The preceding provisions of this Article shall come into operation three months after the date on which this Order takes effect.

12 Prohibition of unfair differentiation by suppliers.

12. (1) A supplier shall not, in relation to the terms and conditions on which goods of like grade, quality or quantity 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 purchaser and another.

(2) Nothing in this Article shall prevent a supplier from differentiating between purchasers, on the grounds of creditworthiness, as to the time within which payment is to be made for goods supplied.

13 Electric cookers and ranges.

13. The Restrictive Trade Practices (Cookers and Ranges) Order, 1962 ( S.I. No. 117 of 1962 ), shall not apply to cookers and ranges that use electricity.

GIVEN under my Official Seal, this 26th day of April, 1971.

PATRICK J. LALOR,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

The effect of this Order is to prohibit a number of restrictive trade practices in relation to the supply and distribution of certain electrical appliances and equipment. The Order requires to be confirmed by an Act of the Oireachtas before it will have the force of law.