Restrictive Practices (Amendment) Act, 1987

Orders relating to restrictive practices.

8.—(1) Notwithstanding anything in the Principal Act, whenever the Minister considers it expedient, in the interests of the orderly and proper regulation of competition, he may, after consultation with the Commission, the Director and any other Minister of the Government concerned, by order do, in relation to goods and services, 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 an Act of the Oireachtas but, upon being so confirmed, it shall have the force of law in accordance with its terms.

(4) A person who contravenes (whether by act or omission) any provision of an order under this section for the time being in force shall be guilty of an offence under the Principal Act and the offence shall be deemed for the purposes of section 23 of that Act to be an offence under that Act.

(5) Sections 5,10, 19, 22 and 24 of the Principal Act shall apply to an order made under this section.