S.I. No. 117/1962 - Restrictive Trade Practices (Cookers and Ranges) Order, 1962

S.I. No. 117 of 1962.

RESTRICTIVE TRADE PRACTICES (COOKERS AND RANGES) ORDER, 1962

I, JOHN LYNCH, Minister for Industry and Commerce, 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 following aspects of the supply and distribution of cookers and ranges using electricity, solid fuel and liquefied petroleum gas, that is to say :

(a) resale price maintenance, and

(b) entry to the trade of selling such cookers and ranges, in so far as that aspect of supply and distribution is affected by any arrangements for the maintenance of prices,

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 (Cookers and Ranges) Orders, 1962.

2. In this Order—

" goods " means cookers and ranges that use electricity, solid fuel or liquefied petroleum gas ;

" supplier " means a manufacturer or importer of goods or a wholesaler who supplies goods for resale.

3.—(1) Save as hereinafter provided, a supplier shall not require or induce any person (whether directly or indirectly, by agreement, threat, promise or any other means) to resell goods or offer goods for resale—

(a) at a price specified by the supplier,

(b) at a price not less than a price specified by the supplier,

(c) at a price that is higher by an amount or percentage specified by the supplier than the price paid by that person to the supplier for the goods.

(d) at a price that is lower by an amount or percentage specified by the supplier than a price specified by the supplier,

(e) at a price that is higher by not less than an amount or percentage specified by the supplier than the price paid by that person to the supplier for the goods, or

(f) at a price that is lower by not more than an amount or percentage specified by the supplier than a price specified by the supplier.

(2) Nothing in paragraph (1) of this Article shall prevent a supplier from—

(a) advertising or otherwise specifying resale prices for goods, provided such prices are maximum prices, or

(b) recommending or suggesting resale prices for goods.

4.—(1) Save as hereinafter provided, a supplier shall not withhold goods from or otherwise discriminate against any person by reason of—

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

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

(c) his selling or offering to sell the goods otherwise than on a basis mentioned in paragraph (1) of Article 3 of this Order.

(2) Paragraph (1) of this Article shall not prevent a supplier from withholding goods from a person who resells goods or offers goods for resale at a price exceeding a maximum price specified by the supplier.

5. A trade association or other combination of persons shall not coerce or induce, or attempt to coerce or induce, a supplier to withhold supplies of goods from any person by reason of the prices charged or proposed to be charged by that person on the resale of goods.

6. A supplier shall, at the request of the Fair Trade Commission, give to the Commission a statement in writing of the terms and conditions upon and subject to which he supplies goods for resale.

7. A supplier shall, upon the request of any person engaged, or proposing to engage, in trade in goods in any capacity, give to that person a statement in writing of the terms and conditions upon and subject to which he supplies goods to other persons engaged in trade in goods in that capacity.

GIVEN under my Official Seal, this 2nd day of July, 1962.

JOHN LYNCH,

Minister for Industry and Commerce.

EXPLANATORY NOTE

The effect of this Order is to prohibit resale price maintenance in relation to the sale of cookers and ranges. The Order requires to be confirmed by an Act of the Oireachtas before it will have the force of law.