Part II Goods
6 Restrictive agreements as to goods. C1
1
This Act applies to agreements (whenever made) between two or more persons carrying on business within the United Kingdom in the production or supply of goods, or in the application to goods of any process of manufacture, whether with or without other parties, being agreements under which restrictions are accepted by two or more parties in respect of any of the following matters—
a
the prices to be charged, quoted or paid for goods supplied, offered or acquired, or for the application of any process of manufacture to goods;
b
the prices to be recommended or suggested as the prices to be charged or quoted in respect of the resale of goods supplied;
c
the terms or conditions on or subject to which goods are to be supplied or acquired or any such process is to be applied to goods;
d
the quantities or descriptions of goods to be produced, supplied or acquired;
e
the processes of manufacture to be applied to any goods, or the quantities or descriptions of goods to which any such process is to be applied; or
f
the persons or classes of persons to, for or from whom, or the areas or places in or from which, goods are to be supplied or acquired, or any such process applied.
2
For the purposes of subsection (1) above it is immaterial—
a
whether any restrictions accepted by parties to an agreement relate to the same or different matters specified in that subsection, or have the same or different effect in relation to any matter so specified, and
b
whether the parties accepting any restrictions carry on the same class or different classes of business.
3
For the purposes of this Part of this Act an agreement which—
a
confers privileges or benefits only upon such parties as comply with conditions as to any such matters as are described in subsection (1)(a) to (f) above; or
b
imposes obligations upon parties who do not comply with such conditions;
shall be treated as an agreement under which restrictions are accepted by each of the parties in respect of those matters.
4
Without prejudice to subsection (3) above, an obligation on the part of any party to an agreement to make payments calculated by reference—
a
to the quantity of goods produced or supplied by him, or to which any process of manufacture is applied by him; or
b
to the quantity of materials acquired or used by him for the purpose of or in the production of any goods or the application of any such process to goods;
being payments calculated, or calculated at an increased rate, in respect of quantities of goods or materials exceeding any quantity specified in or ascertained in accordance with the agreement, shall be treated for the purposes of this Act as a restriction in respect of the quantities of those goods to be produced or supplied, or to which that process is to be applied.
This subsection does not apply to any obligation on the part of any person to make payments to a trade association of which he is a member, if the payments are to consist only of bona fide subscriptions for membership of the association.