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PART IIIndividual Minimum Resale Price Maintenance

Prohibition of individual resale price maintenance

11Minimum resale prices maintained by other means

(1)It is unlawful for a supplier to withhold supplies of any goods from a dealer seeking to obtain them for resale in the United Kingdom on the ground that the dealer—

(a)has sold in the United Kingdom at a price below the resale price goods obtained, either directly or indirectly, from that supplier, or has supplied such goods, either directly or indirectly, to a third party who had done so; or

(b)is likely, if the goods are supplied to him, to sell them in the United Kingdom at a price below that price, or supply them, either directly or indirectly, to a third party who would be likely to do so.

(2)In this section " the resale price ", in relation to a sale of any description, means—

(a)any price notified to the dealer or otherwise published by or on behalf of a supplier of the goods in question (whether lawfully or not) as the price or minimum price which is to be charged on or is recommended as appropriate for a sale of that description; or

(b)any price prescribed or purporting to be prescribed for that purpose by a contract or agreement between the dealer and any such supplier.

(3)Where under this section it would be unlawful for a supplier to withhold supplies of goods it is also unlawful for him to cause or procure any other supplier to do so.