Restrictive Practices Act, 1972
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) In this Act—
“the Act of 1953” means the Restrictive Trade Practices Act, 1953 ;
“the Act of 1959” means the Restrictive Trade Practices (Amendment) Act, 1959 ;
“the Commission” means the Restrictive Practices Commission established by section 2;
“fair practice rules” means rules under section 4;
“the Examiner” has the meaning assigned to it by section 13;
“the Minister” means the Minister for Industry and Commerce;
“service” includes any professional service but does not include—
(a) any service provided under a contract of employment,
(b) any service being banking business within the meaning of the Central Bank Act, 1971 ,
(c) the supplying of electricity,
(d) any transport service provided or operated by CÃ³ras Iompair Ãireann,
(e) any air service or service ancillary thereto,
(f) any transport service provided by the holder of a licence under the Road Transport Act, 1932 , or the Road Transport Act, 1933 ,
(g) any shipping service or any service provided by a harbour authority within the meaning of the Harbours Act, 1946 , or by a pilotage authority constituted under the Pilotage Act, 1913 ,
(h) any service provided by a local authority within the meaning of section 2 of the Local Government Act, 1941 .
num: 2
paragraphs: —(1) Notwithstanding the repeals effected by section 26, the Fair Trade Commission shall continue in being but shall, from the passing of this Act, be known as the Restrictive Practices Commission and is in this Act referred to as the Commission.
num: 3
paragraphs: —In the exercise of their functions under this Act the Commission and the Examiner shall have regard to the unfair practices listed in the Third Schedule.
num: 4
paragraphs: —(1) The Commission may, on the recommendation of the Examiner or at the request of an association representing persons engaged either in the supply and distribution of goods or in the provision of services, prepare and publish rules representing, in the opinion of the Commission, fair practice conditions with regard to the supply and distribution of such goods or the provision of such services.
(2) Before making fair practice 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 any representations may be made.
num: 5
paragraphs: —(1) (a) The Commission shall, on the recommendation of the Examiner or at the request of the Minister transmitted by the Examiner, and may, on application by any person whose request for an enquiry has been refused by the Examiner, cause an enquiry to be held—
(i) into the conditions which obtain in regard to the supply and distribution of any kind of goods or to one or more aspects of the supply and distribution of one or more kinds of goods,
(ii) into the conditions which obtain in regard to the provision of any service or to one or more aspects of the provision of one or more kinds of service, or
(iii) into one or more aspects of the operation of an order under section 8.
(b) The Commission may at the request of any person, made after publication of a notice under section 10 (4) of their intention to hold a special review, hold the special review by means of an enquiry, but where they decide not to hold the special review by means of an enquiry, shall inform the person who made the request of the reasons for their decision.
(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) 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 solely to establish matters of fact the public disclosure of which might materially injure the legitimate interests of any person.
(6) The Commission shall submit to the Minister a report of every enquiry.
(7) Where the Commission, having received a request from any person (being a person whose request for an enquiry has been refused by the Examiner) to hold an enquiry, decide not to hold the enquiry, they shall inform the person of the reasons for their decision.
num: 6
paragraphs: —(1) The Commission shall give such notice as they think fit of a decision to hold an enquiry.
(2) A notice under this section shall include a statement that a report on matters relevant to the proposed enquiry has been made to the Commission by the Examiner under section 16 and that a copy of the report may be obtained from the Commission on application by an interested person.
(3) Subject to subsection (4), the Commission shall furnish a copy of a report referred to in subsection (2) to an interested person who applies therefor.
(4) A copy of a report furnished under subsection (3) shall not contain any confidential information on a matter of fact which in the opinion of the Commission might materially injure the legitimate interests of any person if the information is not essential to the full understanding of the report.
(5) A report referred to in subsection (2) shall be admissible in evidence at an enquiry under section 5.
num: 7
paragraphs: —A report made by the Commission under section 5 (other than a report of an enquiry under section 5 (1) (b)) shall—
(a) describe the conditions which obtain in regard to the supply or distribution of the goods concerned or in regard to the provision of the services concerned, in so far as those conditions come within the scope of the enquiry to which the report relates,
(b) state whether (and, if so, how) any of those conditions involves restrictive practices including arrangements, agreements or understandings which prevent or restrict competition or restrain trade or the provision of any service or involve resale price maintenance,
(c) state whether, in the opinion of the Commission, any interference with competition or trade or with the provision of services such as is mentioned in paragraph (b) above is unfair or operates against the common good,
(d) state whether, in the opinion of the Commission, any of those conditions involves practices (including arrangements, agreements or understandings) or methods of competition (whether or not relating to price) which are unfair or operate against the common good,
(e) give the reasons for the conclusions stated in the report, and
(f) state whether the Commission are of the opinion that the Minister should make an order under section 8 and indicate the form of order which they recommend.
num: 8
paragraphs: —(1) The Minister, having considered a report of the Commission under section 5 (other than a report of an enquiry under section 5 (1) (b)), may, if he thinks that the exigencies of the common good so warrant, after consultation with any other Minister concerned, by order do, in relation to any goods or services to which the report relates, 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 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, as soon as possible after he has received the report, lay before each House of the Oireachtas a statement giving the reasons for his decision.
num: 9
paragraphs: —(1) The Commission shall, whenever so requested by the Minister, cause an enquiry to be held into the refusal or alleged refusal by employers or employees (or any combination of employers or of employees or of employers and employees) to use particular materials or particular methods for manufacturing or construction purposes.
num: 10
paragraphs: —(1) The Commission shall, on the recommendation of the Examiner or at the request of the Minister transmitted by the Examiner, hold a special review of the operation of an order under section 8.
(2) The Commission, on the request of a person whose request for a special review has been refused by the Examiner, may hold a special review of the operation of an order under section 8.
(3) A special review may relate to the operation of an order as a whole or to particular aspects of the operation of an order.
(4) The Commission shall cause to be published in such manner as they think fit notice of their intention to hold a special review and shall give to any person desiring to make submissions in relation to the subject matter of the review an opportunity to do so and the notice shall specify the time and manner in which submissions shall be made.
(5) The Commission shall submit to the Minister a report of every special review and the report shall state whether any request was made to the Commission under section 5 (1) (b) and, if so, give the reasons for a decision not to accede to the request.
(6) Where the Commission are of opinion that the Minister should amend the order which is the subject of a special review, they shall in their report of the review recommend accordingly and indicate the form of amending order they recommend.
(7) Where the Commission are of opinion that the Minister should revoke the order which is the subject of a special review, they shall in their report of the review recommend accordingly.
num: 11
paragraphs: —The Commission shall examine every report furnished to them by the Examiner under section 16 (4) and shall give observations on the report to the Minister and may make recommendations to the Minister as to what action should be taken on the report.
num: 12
paragraphs: —In addition to the functions conferred on the Commission by sections 4, 5, 7 and 9 to 11, the Commission shall study and analyse (and report to the Minister when requested by him the results of any such study or analysis) the effect on the common good of methods of competition, types of restrictive practice, monopolies, the structure of any markets, amalgamation of, or acquisition of control of, bodies corporate, the operation of multi-national enterprises and relevant legislation, and a study or analysis under this section may either include or consist of a study or analysis of any development outside the State relating to any of the above matters.
num: 13
paragraphs: —(1) The Minister shall from time to time appoint a person who shall be known as the Examiner of Restrictive Practices and is referred to in this Act as the Examiner.
num: 14
paragraphs: —(1) The Examiner may and, at the request of the Minister, shall—
(a) investigate any aspect of the supply or distribution of goods or of the provision of a service,
(b) investigate any aspect of the operation of an order under this Act,
(c) investigate in the State any aspect of the supply or distribution of goods or the provision of a service by a person outside the State.
(2) The Examiner may investigate any aspect of the operation of fair practice rules.
num: 15
paragraphs: —(1) For the purpose of obtaining any information necessary for the exercise by the Examiner of any of his functions under this Act, an authorised officer may, on production of his authorisation if so required—
(a) at all reasonable times enter and inspect premises at which any activity in connection with the business of supplying or distributing goods or providing a service, or in connection with the organisation or assistance of persons engaged in any such business, is carried on,
(b) require the person who carries on such activity and any person employed in connection therewith to produce to the authorised officer any books, documents or records relating to such activity which are in that person's power or control, and to give to the authorised officer such information as he may reasonably require in regard to any entries in such books, documents and records,
(c) inspect and copy or take extracts from any such books, documents and records,
(d) require a person mentioned in paragraph (b) to give to the authorised officer any information he may require in regard to the persons carrying on such activity (including in particular, in the case of an unincorporated body of persons, information in regard to the membership thereof and its committee of management or other controlling authority) or employed in connection therewith,
(e) require a person mentioned in paragraph (b) to give to the authorised officer any information which the officer may reasonably require in regard to such activity.
(2) Before exercising any powers conferred on him by virtue of this section, an authorised officer shall inform the owner of premises referred to in subsection (1) (a) or a person mentioned in subsection (1) (b) (as the case may be)—
(a) of the powers of an authorised officer under this section, and
(b) of the owner's or other person's right under subsection (3) to apply for a declaration under this section.
(3) (a) The owner of premises which an authorised officer proposes to enter and inspect, or a person on whom an authorised officer has made a requirement under this section, may apply to the High Court for a declaration under this section.
(b) Where the owner of premises which an authorised officer proposes to enter and inspect, or a person on whom an authorised officer has made a requirement under this section, refuses access to the officer or refuses to comply with the requirement (as the case may be), the owner or other person shall within seven days thereafter apply to the High Court for a declaration under this section.
(c) The High Court, having heard such evidence as may be adduced and any representations that may be made by the Examiner and a person referred to in paragraph (a), may at its discretion declare that the exigencies of the common good do not warrant the exercise by the Examiner of the powers conferred on him by this section, and upon the making of such a declaration the Examiner shall either cease to effect the relevant entry or inspection or (as the case may be) withdraw the relevant requirement under this section.
(4) Subject to subsection (3) a person who obstructs or impedes an authorised officer in the exercise of a power conferred by this section or does not comply with a requirement under this section shall be guilty of an offence.
(5) The authorisation of an authorised officer shall indicate the matters in respect of which he may act under this section.
(6) In this section “authorised officer” means a person authorised in writing by the Examiner for the purposes of this section.
num: 16
paragraphs: —(1) Where, as a result of an investigation under section 14 (1) (a), 14 (1) (b) or 14 (2), the Examiner is of the opinion that the Commission should hold an enquiry under this Act or a special review under section 10 or should make fair practice rules, he shall furnish the Commission with a report of the investigation containing a recommendation to that effect.
(2) Where the Examiner carries out an investigation under section 14 (1) (a) or 14 (1) (b) at the request of the Minister, his report, in lieu of being furnished to the Commission, shall be furnished by him to the Minister and shall contain such facts as the Examiner considers relevant but shall not contain any expression of opinion by the Examiner.
(3) If in a report of an investigation under section 14 (1) (b) the Examiner expresses the opinion that there has been a breach or contravention of an order under this Act, the report, in lieu of being furnished to the Commission, shall be furnished by him to the Minister.
(4) The Examiner may furnish the Commission with a report of an investigation under section 14 (1) (c) and shall do so if the investigation has been carried out at the request of the Minister.
(5) Where the Minister makes a request under section 5 to hold an enquiry or under section 10 to hold a special review, the Examiner shall furnish the Commission with a copy of the relevant report by him.
num: 17
paragraphs: —The Examiner may give evidence at an enquiry under section 5 and may call and examine witnesses at such an enquiry.
num: 18
paragraphs: —(1) The Minister shall lay before each House of the Oireachtas a copy of the report made by the Commission of every enquiry under section 5 or section 9 and of every special review under section 10.
(2) It shall be lawful for the Minister after consultation with the Commission to omit from the said copy any information contained in the report the publication of which would, in his opinion, materially injure the legitimate interests of any person, if such information is not essential to the full understanding of the report and a statement indicating the general character of any information so omitted shall be laid before each House of the Oireachtas with the copy of the report so laid.
num: 19
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 8 for the time being in force notwithstanding that any other proceedings, civil or criminal, may lie for that purpose.
num: 20
paragraphs: —(1) A person who contravenes (whether by act or omission) any provision of an order under section 8 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: 21
paragraphs: —A person shall be guilty of an offence if, with intent to induce another person (in this section referred to as the complainant) not to give evidence at an enquiry under this Act, he does, threatens to do, causes another person to do or threatens that another person will do any of the following—
(a) cease to trade with, or provide services for, the complainant,
(b) restrict his trading with, or provision of services for, the complainant,
(c) discriminate against the complainant in his terms of trading with, or provision of services for, the complainant.
num: 22
paragraphs: —(1) Where an offence under this Act which 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 is proved to have been so committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person being a director, manager, secretary, member of the committee of management or other controlling authority of any such body, or being any other similar officer of any such body, that person shall also be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(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: 23
paragraphs: —(1) Every person who commits an offence under this Act for which no special penalty is provided shall—
(a) on summary conviction, be liable to a fine not exceeding £200 (together with, in the case of a continuing offence, a fine not exceeding £10 for every day on which the offence is continued) or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment, or
(b) on conviction on indictment, be liable to a fine not exceeding £5,000 (together with, in the case of a continuing offence, a fine not exceeding £500 for every day on which the offence is continued) or, at the discretion of the Court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.
(2) (a) Where 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 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 to a fine not exceeding £10 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 six 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: 24
paragraphs: —(1) Summary proceedings in relation to an offence under this Act may be prosecuted by the Minister.
(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this Act may be instituted within twelve months from the latest day on which the offence was committed.
num: 25
paragraphs: —This Act shall not apply to anything done in the exercise of statutory duty.
num: 26
paragraphs: —(1) The Act of 1953 and the Act of 1959 are hereby repealed.
(2) Notwithstanding subsection (1), every order under section 9 of the Act of 1953 in force at the passing of this Act shall continue in force and shall, for the purposes of this Act, be deemed to be an order under section 8 thereof.
num: 27
paragraphs: —The expenses incurred by the Minister or the Commission or the Examiner 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: 28
paragraphs: —This Act may be cited as the Restrictive Practices Act, 1972.