Restrictive Trade Practices Act, 1953
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —In this Act—
“the Commission” means the Fair Trade Commission established by section 2;
“the Minister” means the Minister for Industry and Commerce.
num: 2
paragraphs: —(1) There shall be a body to be known as the Fair Trade Commission.
num: 3
paragraphs: —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.
num: 4
paragraphs: —(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.
num: 5
paragraphs: —(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.
num: 6
paragraphs: —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.
num: 7
paragraphs: —(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.
num: 8
paragraphs: —(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.
num: 9
paragraphs: —(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.
num: 10
paragraphs: —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.
num: 11
paragraphs: —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.
num: 12
paragraphs: —(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.
num: 13
paragraphs: —(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 director thereof, or, in the case of an unincorporated body, a member of the committee of management or other controlling authority thereof, that person shall also be guilty of the offence.
(2) (a) A body corporate may be sent forward for trial on indictment for an offence under this Act with or without recognisances.
(b) On arraignment before the Central Criminal Court or the Circuit Court, the body corporate may enter in writing by its representative a plea of guilty or not guilty and if it does not appear by a representative appointed by it for the purpose, or, though it does so appear, fails to enter any plea, the court shall order a plea of not guilty to be entered and the trial shall proceed as though the body corporate had duly entered that plea.
(c) A statement in writing purporting to be signed by the secretary of the body corporate to the effect that the person named in the statement has been appointed as the representative of the body for the purpose of this subsection shall be admissible without further proof as evidence that that person has been so appointed.
(3) Any summons or other document required to be served for the purpose or in the course of proceedings under this section on a body corporate may be served by leaving it at or sending it by post to the registered office of that body or, if there be no such office in the State, by leaving it at, or sending it by post to, the body at any place in the State at which it conducts its business.
num: 14
paragraphs: —(1) Every person who commits an offence under this Act for which no special penalty is provided shall—
(a) on summary conviction thereof, be liable to a fine not exceeding five hundred pounds (together with, in the case of a continuing offence, a fine not exceeding fifty pounds for every day on which the offence is continued) or, at the discretion of the Court, to imprisonment for a term not exceeding twelve months or both such fine and imprisonment, or
(b) on conviction thereof on indictment, be liable to a fine not exceeding five thousand pounds (together with, in the case of a continuing offence, a further fine not exceeding five hundred pounds for every day on which the offence is continued) or, at the discretion of the Court, to penal servitude for a term not exceeding ten years or to imprisonment for a term not exceeding two years or to such fine and such penal servitude or imprisonment.
(2) (a) Where—
(i) a person is convicted of an offence under this Act by reason of his failure, neglect or refusal to comply with a provision in an order requiring him to perform a specified act within a specified period or before a specified date, and
(ii) the said act remains, after the date of such conviction, unperformed by him, such person shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds for each day, after the date of such first-mentioned conviction, on which the act remains unperformed by him or, at the discretion of the Court, to imprisonment for a term not exceeding twelve months.
(b) An offence under this subsection shall be a continuing offence and accordingly fresh proceedings in respect thereof may be taken from time to time.
num: 15
paragraphs: —(1) Proceedings in the District Court in relation to an offence under this Act may be brought and prosecuted by the Minister.
(2) Notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within twelve months from the date of the offence.
num: 16
paragraphs: —This Act shall not apply to anything done in the exercise of statutory duty.
num: 17
paragraphs: —The expenses incurred by the Minister or the Commission in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
num: 18
paragraphs: —This Act may be cited as the Restrictive Trade Practices Act, 1953.