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Prohibition

3.—(1) Subject to article 4 below, the parties to any agreement(1) relating to payment cards which:

(a)imposes or has the effect of imposing any prohibition or restriction on the charging by any party to the agreement of prices for credit card transactions which differ from prices charged by him for other transactions with respect to goods, services, accommodation or facilities of the same description;

(b)requires or has the effect of requiring any party to the agreement to charge prices for credit card transactions which are the same as prices charged by him for other transactions with respect to goods, services, accommodation or facilities of the same description; or

(c)requires or has the effect of requiring any party to the agreement to include in any other agreement made by him a prohibition or restriction falling within subparagraph (a) above or a requirement falling within subparagraph (b) above,

shall terminate it before 7th March 1991 to the extent of that prohibition, restriction or requirement.

(2) On and after 7th March 1991, it shall be unlawful for any person to make or carry out an agreement relating to payment cards to the extent that it imposes or has the effect of imposing any prohibition, restriction or requirement falling within the preceding provisions of this article.

(1)

Agreement is defined in section 137(2) of the Fair Trading Act 1973 (c. 41).