S.I. No. 80/1968 - Restrictive Trade Practices (Jewellery, Watches and Clocks) Order, 1968.

S.I. No. 80 of 1968.

RESTRICTIVE TRADE PRACTICES (JEWELLERY, WATCHES AND CLOCKS) ORDER, 1968.

I, SEOIRSE Ó COLLA, Minister for Industry and Comerce, having considered a report of the Fair Trade Commission of an enquiry under section 7 of the Restrictive Trade Practices Act, 1953 (No. 14 of 1953), as amended by section 2 of the Restrictive Trade Practices (Amendment) Act, 1959 (No. 37 of 1959), into the conditions which obtain in regard to the supply and distribution to retailers of jewellery, watches and clocks, hereby, in exercise of the powers conferred on me by section 9 of the said Restrictive Trade Practices Act, 1953 , order as follows:

1. This Order may be cited as the Restrictive Trade Practices (Jewellery, Watches and Clocks) Order, 1968.

2. In this order—

"the Commission" means the Fair Trade Commission;

"goods" means jewellery made wholly or mainly of precious metals, whether set with precious stones or not, and watches and clocks;

"retailer" means a person who sells goods by retail or offers goods for sale by retail;

"supplier" means a person who manufactures or assembles goods or sells goods by wholesale or offers goods for sale by wholesale.

3. A person shall not induce or compel a supplier by threats or any other means to withhold goods from a retailer or sell goods, or offer goods for sale, to a retailer upon terms or subject to conditions that are less favourable than the terms or conditions upon or subject to which goods are sold or offered for sale to another retailer, due allowance being made for any differences in the circumstances of the sales or offers.

4. A supplier shall not, in consequence of the fact—

(a) that a retailer is or is not a member of a trade association or is or is not approved of by the association or the name of such retailer is or is not included in a list of names of retailers (other than a list compiled or controlled solely by the supplier), or

(b) that a trade association or another retailer requested him to do so in relation to a retailer,

withhold goods from the retailer or sell goods or offer goods for sale to the retailer upon terms or subject to conditions that are less favourable than the terms or conditions upon or subject to which goods are sold, or offered for sale, by him to another retailer, due allowance being made for any differences in the circumstances of the sales or offers.

5. (1) A trade association, person or combination of persons shall not prepare or publish or cause to be prepared or published—

(a) lists of names of persons that are intended to be used or are capable of being used for the purpose of limiting the numbers, or controlling or regulating the types, of persons entering the trade of selling goods by retail or for the purpose of influencing or affecting the supplying of goods to persons engaged in such trade or the terms or conditions upon or subject to which goods are supplied to such persons,

(b) lists of names of persons that are intended to be used or are capable of being used for the purpose of influencing or affecting a person engaged in the trade of selling goods by retail in his choice of a supplier from whom to purchase such goods.

(2) Where a list of a kind to which paragraph 1 of this Article applies was published before the commencement of this Order, the person who published it shall, within one month after the comencement of this Order, cancel the list and shall inform in writing the Commission and each person to whom the list was given of the cancellation.

6. A supplier or retailer shall not enter into any agreement, arrangement or understanding that would have the effect of limiting the numbers, or controlling or regulating the types, of persons entering the trade of selling goods by retail.

7. (1) Subject to paragraph (2) of this Article, a supplier shall not withhold goods from a retailer because of the prices at which the retailer has sold or offered for sale goods of the same kind or proposes to sell or offer for sale the goods or goods of the same kind.

(2) If a retailer sells goods at or at less than the price at which he purchased them from a supplier, the supplier may withhold supplies of goods of that kind from the retailer until such time as the retailer gives an undertaking to the supplier to refrain from selling goods of that kind at or at less than the price at which he purchased them from the supplier.

8. (1) A retailer shall not refrain from purchasing goods from a supplier because the name of the supplier was or was not at any time on a list prepared or published or caused to be prepared or published by a group or association of retailers.

(2) Two or more retilers acting in pursuance of an agreement or combination shall not refrain from purchasing goods from a supplier because the supplier sells goods by retail or sells goods to a particular retailer or class of retailer.

9. (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 to retailers, and sales of goods by the supplier to retailers shall be effected upon and subject to those terms and conditions.

(2) The terms and conditions aforesaid may include provisions relating to the size and frequency of purchases of goods by retailers from the supplier to whom they relate and the functions of retailers, including the services rendered by them to the public, provided that such conditions are reasonably necessary for the purposes of efficiency and economy in the production and distribution of the goods to which they relate or for the purposes of the reasonable profitability of the business of the supplier and provided such terms and conditions are applied equitably to all persons.

(3) The terms and conditions aforesaid shall be such as to prevent the supplier to whom they relate from selling goods of the same kind, grade and quality and in the like quantity to different retailers upon or subject to different terms or conditions in relation to rebates, refunds, discounts or credit, except in cases where there are differences in the credit-worthiness of the retailers.

(4) A supplier shall, if requested, furnish a copy of the written form of contract aforesaid to—

(a) the Commission, and

(b) a person who is, or proposes to become, a retailer.

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

GIVEN under my Official Seal, this 10th day of April, 1968.

SEOIRSE Ó COLLA,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

The effect of this Order is to prohibit certain restrictive trade practices in relation to the supply and distribution to retailers of jewellery, watches and clocks. The Order requires to be confirmed by an Act of the Oireachtas before it will have the force of law.