Restrictive Practices Act, 1972

Orders relating to restrictive practices, etc.

8.—(1) The Minister, having considered a report of the Commission under section 5 (other than a report of an enquiry under section 5 (1) (b)), may, if he thinks that the exigencies of the common good so warrant, after consultation with any other Minister concerned, by order do, in relation to any goods or services to which the report relates, all or any of the following—

(a) prohibit restrictive practices including arrangements, agreements or understandings which prevent or restrict competition or restrain trade or the provision of any service or which involve resale price maintenance;

(b) prohibit unfair practices or unfair methods of competition (whether or not relating to price);

(c) make such provision as the Minister thinks necessary to ensure the equitable treatment of all persons in regard to the supply or distribution of goods or the provision of services;

(d) make such other provision in regard to restrictive practices or unfair practices or unfair methods of competition (whether or not relating to price) affecting the supply and distribution of goods or the provision of services as he thinks fit.

(2) The Minister may by order revoke or amend an order under this section.

(3) An order under this section shall not have effect unless it is confirmed by Act of the Oireachtas but, upon being so confirmed, it shall have the force of law in accordance with its terms.

(4) If the Commission, in a report to the Minister, recommend the making of an order and the Minister decides not to make any order, he shall, as soon as possible after he has received the report, lay before each House of the Oireachtas a statement giving the reasons for his decision.