(b)
to discriminate in their handling of goods against goods supplied
by those suppliers.
(2)
It is unlawful for any two or more enterprises referred to in
subsection (1) to enter into or carry out an agreement authorizing-
(a)
the recovery of penalties (however described) by or on behalf
of the parties to the agreement from the suppliers referred to
in subsection (1); or
(b)
the conduct of any proceedings in connection therewith 
24.
Application of sections 22 and 23 to associations
Section
22 and 23 apply in relation to an association whose members consist
of or include-
(a)
enterprises which are suppliers or dealers in any goods; or
(b)
representatives of such enterprises, as they apply to an enterprise
25.
Minimum resale price maintained by contract or agreement.
(1)
Any term or condition of an agreement for the sale of goods by
a supplier to a dealer is void to the extent that it purports
to establish or provide for the establishment of minimum prices
to be charged on the resale of the goods in Jamaica.
(2)
Subject to subsections (3) and (4), it is unlawful for a supplier
of goods (including an association or person acting on behalf
of such supplier) to-
(a)
include in an agreement for the sale of goods, a term or condition
which is void by virtue of this section;
(b)
require, as a condition of supplying goods to a dealer, the inclusion
in the agreement of any term or condition, or the giving of any
undertaking to the like effect;
(c)
notify to dealers, or otherwise publish on or in relation to any
goods, a price stated or calculated to be understood as the minimum
price which may be charged on the resale of the goods in Jamaica.
(3)
Paragraph (a) of subsection (2) does not affect the enforceability
of an agreement except in respect of the term of condition which
is void by virtue of this section.
(4)
Nothing in paragraph (c) of subsection (2) shall be construed
as precluding a supplier (or an association or person acting on
behalf of a supplier) from notifying to dealers or otherwise publishing
prices recommended as appropriate for the resale of goods supplied
or to be supplied by the supplier.
26.
Patented goods under section 25.
(1)
Section 25 applies to patented goods (including goods made by
a patented process) as it applies to other goods.
(2)
Notice of any term or condition which is void by virtue of section
25, or which would be so void if included in an agreement relating
to the sale of any such goods, is of no effect for the purpose
of limiting the right of a dealer to dispose of those goods without
infringement of the patent.
(3)
Nothing in section 25 and in this section affects the validity,
as between the parties and their successors, of any term or condition
-
(a)
of a licence granted by the proprietor of a patent or by a licensee
under any such licence; or
(b)
of any assignment of a patent,so far as it regulates the price
at which goods produced or processed by the licensee or assignee
may be sold by him.
27.
Maintenance of minimum resale prices 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 on the grounds
that the dealer-
(a)
has sold goods obtained either directly or indirectly from that
supplier, at a price below the resale price 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 by him, to sell them 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 the purpose
by an 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 unlawful for him to cause or
procure any other supplier to do so.
28.
Interpretation
(1)
For the purposes of this Part, a supplier of goods shall be treated
as withholding supplies from a dealer-
(a)
if he refuses or fails to supply those goods to the order of the
dealer;
(b)
if he refuses to supply those goods to that dealer except at prices,
or on terms or conditions as to credit, discount or other matters,
which are significantly less favourable than those at or on which
he normally supplies those goods to other dealers carrying on
business in similar circumstances; or
(c)
if, although he enters into an agreement to supply goods to the
dealer, he treats him in a manner significantly less favourable
than that in which he normally treats other such dealers in respect
of times or methods of delivery or other matters arising in the
execution of the agreement.
(2)
A supplier shall not be treated as withholding supplies of goods
on any ground mentioned in section 27 (1) if, in addition to that
ground, he has other grounds which, standing alone, would have
led him to withhold those supplies.
(3)
Subject to subsection (4), if, in proceedings brought against
a supplier of goods in respect of a contravention of section 27
(1), it is proved that supplies of goods were withheld by the
supplier from a dealer, and it is further proved that-
(a)
during a period ending immediately before the supplies were so
withheld, the supplier was doing business with the dealer or was
supplying goods of the same description to other dealers carrying
on business in similar circumstances; and
(b)
the dealer, to the knowledge of the supplier, had within the preceding
six months acted as described in section 27 (1) (a) or had indicated
his intention to act as described in section 27 (1) (b) in relation
to the goods in question,
it
shall be presumed, unless the contrary is proved, that the supplies
were withheld on the ground that the dealer had so acted or was
likely so to act.
(4)
Subsection (3) does not apply where the proof that supplies were
withheld consists only of evidence of requirements imposed by
the supplier in respect of the time at which or the form in which
payment was to be made for goods supplied or to be supplied.
