Sections of the Fair Competition Act

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  • Topic: Resale price maintenance, Price fixing, Price floor
  • Pages : 38 (13206 words )
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  • Published : June 16, 2011
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PART I. Preliminary 2. 3. Interpretation. Application of Act.

PART II. The Fair Trading Commission 4. 5. 6. 7. 8. 9. 10. 11. Establishment of Commission. Functions of the Commission. Commission shall seek information. Powers of the Commission. Hearings to be held in public. Minister may give directions. Powers of entry and search, etc. Discontinuance of investigation.

Financial Provisions, Accounts and Reports 12. 13. 14. Funds of Commission. Accounts and audit. Reports.

Appointment of Staff 15. 16. Appointment of Executive Director, Secretary and other employees. Pensions, gratuities and other retiring benefits.

PART III. Control of Uncompetitive Practice 17. 18. 19. 20. 21. Provisions of agreement having effect of lessening competition. Agreements containing exclusionary provisions void. Existence of dominant position. Abuse of dominant position. Action in relation to abuse of dominant position.

PART IV. Resale Price Maintenance Collective Resale Price Maintenance 22. 23. 24. Collective agreements by suppliers prohibited. Collective agreement by dealers. Application of sections 22 and 23 to associations.

Individual Minimum Resale Price Maintenance 25. 26. 27. 28. Minimum resale price maintained by contract or agreement. Patented goods under section 25. Maintenance of minimum resale prices by other means. Interpretation.

PART V. Authorizations 29. 30. 31. 32. Grant of authorizations. Effect of authorization. Revocation of authorization. Register of authorizations.

PART VI. Exclusive Dealing, Tied Selling and Market Restriction 33. Exclusive dealing.

PART VII. Offences against Competition 34. 35. 36. Price fixing. Conspiracy. Bid-rigging.

37. 38. 39. 40. 41. 42. 43. 44. 45. Misleading advertising. Representation as to reasonable test and publication of testimonials. Double ticketing, Sale at bargain price. Sale above advertised price. Obstruction of investigation. Destruction of records, etc. Giving false of misleading information to Commission. Failure to attend and give evidence.

PART VIII. Enforcement, Remedies and Appeals 46. 47. 48. 49. 50. Application for enforcement. Powers of Court. Civil liability. Appeals against finding of Commission. Operation of order pending determination of appeal.

PART IX. General 51. 52. 53. 54. Exemption from income tax, stamp duties, transfer tax and customs duty. Regulations. Powers of Commission to prohibit disclosure of information, documents and evidence. Application to the Crown.



[9th March, 1993.] 1. This Act may be cited as the Fair Competition Act.

Act 9 of 1993

Short title.

PART I. Preliminary
2. (1) In this Act, unless the context otherwise requires— Interpretation. [Amended, 2001]

"acquire"— (a) in relation to goods, includes obtain by way of gift, purchase of exchange, and by way of lease, hire or hire purchase; (b) in relation to services, includes accept. "advertisement" means any form of communication made to the public or a section of the public for the purpose of promoting the supply of goods or services; "agreement" includes any agreement, arrangement or understanding whether oral or in writing or whether or not it is or is intended to be legally enforceable; "authorized officer" means any officer of the Commission authorized by the Commission to assist it in the performance of its functions under this Act; "business" means any activity that is carried on for gain or reward or in the course of which goods or services are manufactured, produced or supplied, including the export of goods from Jamaica; "Commission" means the Fair Trading Commission established under section 4; "consumer" means any person who is either— (a) a person to whom goods are or are intended to be supplied in the course of a business carried on by the supplier or potential supplier; (b) a person for...
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