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5.—(1) It shall be unlawful for a supplier to discriminate in respect of the discount given for the supply of a new car to a contract hire company on the basis of whether the contract hire company supplies that new car to a fleet customer or not.
(2) In determining whether there is discrimination contrary to paragraph (1) no account shall be taken of a payment made by the supplier to the contract hire company in respect of the supply of a new car, where such payment is made at the request of a fleet customer as a result of an agreement entered into between the fleet customer and the supplier before the supply of the car to the contract hire company.
(3) For the purpose of paragraph (1) discount means the difference between the price paid by a contract hire company for the supply of a new car and the list price, expressed as a percentage of the list price.
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