Restrictive Trade Practices Act, 1953

• Jurisdiction: Ireland
• Citation: IR No. 14/1953
• Year: 1953

Number 14 of 1953.
RESTRICTIVE TRADE PRACTICES ACT, 1953.
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Fair Trade Commission. 3. Unfair trade practices. 4. Fair trading rules. 5. Procedure. 6. Review of operation of rules. 7. Enquiries. 8. Report of enquiry. 9. Orders relating to restrictive practices. 10. General duties of Commission. 11. Jurisdiction of Court to grant injunction. 12. Contravention of order. 13. Offences in relation to bodies corporate and unincorporated bodies. 14. Penalties. 15. Summary proceedings. 16. Saver for exercise of statutory duty. 17. Expenses. 18. Short title.
FIRST SCHEDULE
SECOND SCHEDULE
Number 14 of 1953.
RESTRICTIVE TRADE PRACTICES ACT, 1953.
AN ACT CONCERNING RESTRICTIVE TRADE PRACTICES IN REGARD TO THE SUPPLY AND DISTRIBUTION OF GOODS. [7th May, 1953.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
	Definitions.	1.—In this Act—
	“the Commission” means the Fair Trade Commission established by section 2;
	“the Minister” means the Minister for Industry and Commerce.
	Fair Trade Commission.	2.—(1) There shall be a body to be known as the Fair Trade Commission.
	(2) The provisions of the First Schedule shall apply to the Commission.
	Unfair trade practices.	3.—For the guidance of the Commission a list of unfair trade practices is set out in the Second Schedule. The Schedule shall not be regarded as exhaustive and shall not limit the Commission in the exercise of their functions.
	Fair trading rules.	4.—(1) As respects any kind of goods the Commission may, on their own initiative or at the request of an association representing persons engaged in the supply and distribution of such goods, prepare and publish rules representing, in the opinion of the Commission, fair trading conditions with regard to the supply and distribution of such goods and, on their own initiative or at the request of an association representing persons rendering, in the course of carrying on any trade or business, any services affecting such supply or distribution, may also prepare and publish rules representing, in the opinion of the Commission, fair trading conditions with regard to the rendering of such services.
	(2) Rules under this section are referred to in this Act as fair trading rules.
	Procedure.	5.—(1) Before making fair trading rules the Commission shall cause to be published in such manner as they think fit notice of their intention to do so and shall give to any person desiring to make representations in relation to the making of the proposed rules an opportunity to do so; and the notice shall specify the time and manner in which representations are to be made.
	(2) The Commission may prescribe the manner in which requests for the making of fair trading rules are to be made.
	Review of operation of rules.	6.—The Commission shall keep under review the operation of fair trading rules and, if it appears to them that those rules are not being observed, report accordingly to the Minister.
	Enquiries.	7.—(1) The Commission may, on their own initiative, and shall, at the request of the Minister, cause an enquiry to be held into the conditions which obtain in regard to the supply and distribution of any kind of goods.
	(2) Subject to subsections (3) and (4), an enquiry may be held by one or more of the members of the Commission delegated by the Commission for the purpose.
	(3) An enquiry shall not, without the consent of the Minister, be held by a temporary member acting alone.
	(4) Not more than one temporary member may act for the purpose of a particular enquiry.
	(5) The Commission may, in the course of an enquiry in relation to the supply or distribution of any kind of goods, enquire into the conditions which obtain in regard to the rendering, in the course of carrying on any trade or business, of any services affecting such supply or distribution.
	(6) An enquiry shall be held in public save in so far as, in the opinion of the member or members holding it, private sittings may be necessary to avoid any disclosure of confidential information which might materially injure the legitimate business interests of any person.
	(7) The Commission shall submit to the Minister a report of every enquiry.
	(8) Where the Commission, having received a request from any person to hold an enquiry, decide not to hold such enquiry, they shall inform that person of the reasons for their decision.
	Report of enquiry.	8.—(1) A report made by the Commission under section 6 or 7 shall—
	(a) describe the conditions which obtain in regard to the supply or distribution of the goods concerned and, where appropriate, the conditions in regard to the rendering, in the course of carrying on any trade or business, of any services affecting such supply or distribution;
	(b) state whether and, if so, how these conditions prevent or restrict competition or restrain trade or involve resale price maintenance;
	(c) state whether, in the opinion of the Commission, any such interference with competition or trade is unfair or operates against the public interest;
	(d) give the reasons for their conclusions.
	(2) If the Commission are of opinion that the Minister should make an order under section 9, they shall in their report recommend accordingly and indicate the form of order that they recommend.
	(3) (a) The Minister shall lay a copy of the report before each House of the Oireachtas.
	(b) It shall be lawful for the Minister after consultation with the Commission to omit from the copy any information contained in the report the publication of which would, in his opinion, materially injure the legitimate business interests of any person, if such information is not essential to the full understanding of the report.
	(c) The Minister shall lay before each House of the Oireachtas, together with the copy of the report, a statement indicating the general character of any information so omitted.
	Orders relating to restrictive practices.	9.—(1) The Minister, having considered a report of the Commission under section 6 or 7, may, if he so thinks proper, after consultation with any other Minister concerned, by order do, in relation to goods to which the report relates, or any class or classes of such goods, all or any of the following:—
	(a) prohibit specified arrangements or agreements;
	(b) prohibit the withholding from any specified class of persons of supplies of goods or of services rendered in the course of carrying on any trade or business and affecting the supply or distribution of such goods;
	(c) prohibit the giving of specified preferences in regard to the provision of, or the placing of orders for the supply of, goods or the rendering of any such services;
	(d) prohibit the imposition of specified conditions in regard to the supply or distribution of goods or the rendering of any such services;
	(e) make such provision as the Minister thinks necessary to ensure the equitable treatment of all persons in regard to the supply or distribution of the goods concerned or the rendering of any such services and the avoidance of unfair practices;
	(f) make such other provision in regard to restrictive practices affecting the supply and distribution of goods or the rendering of any such services as he thinks fit.
	(2) The Minister may by order revoke or amend an order under subsection (1).
	(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 lay before each House of the Oireachtas a statement giving the reasons for his decision.
	(5) The Minister shall comply with subsection (4) within three months after he has received the report.
	General duties of Commission.	10.—The Commission shall keep under review the general effect on the public interest of restrictive practices in connection with the supply and distribution of goods and the rendering, in the course of any trade or business, of any services affecting such supply or distribution and the operation of orders under section 9 and may (and, if so requested by the Minister, shall) submit to the Minister a report on any such matter and their recommendations as to what action should be taken thereon.
	Jurisdiction of Court to grant injunction.	11.—It shall be lawful for a court of competent jurisdiction to grant an injunction on the motion of the Minister or of any other person to enforce compliance with the terms of an order under section 9 for the time being in force notwithstanding that any other proceedings, civil or criminal, may lie for that purpose.
	Contravention of Order.	12.—(1) A person who contravenes (whether by act or omission) any provision of an order under section 9 for the time being in force shall be guilty of an offence.
	(2) Every person who aids, abets, or assists another person, or conspires with another person, to do any thing (whether by way of act or of omission) the doing of which is declared by subsection (1) to be an offence shall himself be guilty of an offence.
	Offences in relation to bodies corporate and unincorporated bodies.	13.—(1) Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons, and is proved to have been so committed with the consent or approval of, or to have been facilitated by any default on the part of any person being, in the case of a body corporate, a...