(4) For the purposes of this section, the publication by a supplier of goods other than a retailer, of an advertisement that mentions a resale price for the goods is an attempt to influence upward the selling price of any person into whose hands the goods come for resale unless the price is so expressed as to make it clear to any person who becomes aware of the advertisement that the goods may be sold at a lower price.

 

35. Conspiracy

(1) No person shall conspire, combine, agree or arrange with another person to-

(a) limit unduly the facilities for transporting, producing, manufacturing, storing or dealing in any goods or supplying any service;

(b) prevent, limit or lessen unduly, the manufacture or production of any goods or to enhance unreasonably the price thereof;

(c) lessen unduly, competition in the production, manufacture, purchase, barter, sale, supply rental or transportation of any goods or in the price of insurance on persons or property;

(d) otherwise restrain or injure competition unduly.

(2) Nothing in subsection (1) applies to a conspiracy, combination, agreement or arrangement which relates only to a service and to standards of competence and integrity that are reasonable necessary for the protection of the public-

(a) in the practice of a trade or profession relating to the service; or

(b) in the collection and dissemination of information relating to the service.

 

36. Bid Rigging

(1) Subject to subsection (2), it is unlawful for two or more persons to enter into an agreement whereby-

(a) one or more of them agree of undertake not to submit a bid in response to a call or request for bids or tenders; or

(b) as bidders or tenderers they submit, in response to a call or request, bids or tenders that are arrived at by agreement between or among themselves.

(2) This section shall not apply in respect of an agreement that is entered into or a submission that is arrived at only by companies each of which is, in respect of everyone of the others, an affiliate.

 

37. Misleading Advertising (Amended, 2001)

(1) A person shall not, in pursuance of trade and for the purpose of promoting, directly or indirectly, the supply or use of goods or services or for the purpose of promoting, directly or indirectly, any business interest, by any means-

(a) make a representation to the public that is false or misleading in a material respect;

(b) make a representation to the public in the form of a statement, warranty or guarantee of performance, efficacy or length of life of goods that is not based on an adequate and proper test thereof, the proof of which lies on the person making the representation;

(c) make a representation to the public in the form of a statement, warranty or guarantee that services are of a particular kind, standard, quality, or quantity, or that they are supplied by any particular person or by person of a particular trade, qualification or skill;

(d) make a representation to the public in a form that purports to be-

if the form of purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that it will be carried out;

(e) make a materially misleading representation to the public concerning the price at which any goods or services or like goods or services have been, are or will be ordinarily supplied.

(2) For the purpose of paragraph (e) of subsection (1), a representation as to price to be construed as referring to the price at which the goods or services have been supplied generally in the relevant market unless it is clearly specified to be the price at which the goods or services have been supplied by the person by whom or on whose behalf the representation is made.

(3) For the purposes of this section and section 38, the following types of representation shall be deemed to be made to the public by and only by the person who caused it to be expressed, made or contained, that is to say, a representation that is-

(a) expressed on an article offered or displayed for sale;

(b) expressed on anything attached to, inserted in or accompanying an article offered or displayed for sale, its wrapper or container, or anything on which the article is mounted for display or sale;

(c) expressed on a display in the place where the article is sold;

(d) made in the course of selling the article to the ultimate consumer;

(e) contained in or on anything that is sold, sent, delivered, transmitted or in any other manner made available to a member of the public.

(4) Where the person referred to in subsection (3) is outside of Jamaica, the representation shall be deemed to be made-

(a) in the case described in paragraph (a), (b) or (e) of that subsection, by the person who imported the article; and

(b) in a case described in paragraph (c) of that subsection, by the person who imported the display into Jamaica.

(5) Subject to subsection (3) and (4), every person who, for the purpose of promoting, directly or indirectly, the supply or use of any goods or any business interest, supplies to a wholesaler, retailer or other distributor of goods any material or thing that contains a representation of a kind referred to on subsection (1) shall be deemed to have made that representation to the public.

 

38. Representation as to reasonable test and publication of testimonials

A person shall not, for the purpose of promoting, directly or indirectly, any business interest-

(a) make a representation to the public that a test as to the performance, efficacy or length of life of the goods has been made by any person; or

(b) publish a testimonial with respect to the goods, unless he can establish that-

and it accords with the representation or testimonial previously made, published or approved.

 

39. Double Ticketing

A person shall not supply any article at a price that exceeds the lowest of two or more prices clearly expressed by him or on his behalf, in respect of the article in the quantity in which it is so supplied at the time at which it is so supplied-

(a) on the article, its wrapper or container;

(b) on anything attached to, inserted in or accompanying the article, its wrapper or container or anything on which the article is mounted for display or sale; or

(c) on a display or advertisement at the place at which the article is purchased.

 

40. Sale at bargain price (Amended, 2001)

40. (1) For the purposes of this section, "bargain price" means-

(a) a price that is represented in an advertisement to be a bargain price by reference to an ordinary price or otherwise; or

(b) a price so represented in an advertisement, that a person who reads, hears or sees the advertisement would reasonably understand to be a bargain price by reason of the prices at which the goods advertised or like articles are ordinarily sold.

(2) A person shall not advertise at a bargain price goods which he-

(a) does not intend to supply; or

(b) does not have reasonable grounds for believing he can supply,at that price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which he carries on business, the nature and size of his enterprise and the nature of the advertisement.

(3) Subsection (2) does not apply where the person who is advertising proves that-

(a) he took reasonable steps to obtain in adequate time a quantity of the article that would have been reasonable having regard to the nature of the advertisement, but was unable to obtain such a quantity by reason of events beyond his control that he could not reasonably have anticipated;

(b) he obtained a quantity of the article that was reasonable having regard to the nature of the advertisement, but was unable to meet the demand therefor because that demand surpassed his reasonable expectations; or

(c) after he became unable to supply the article in accordance with the advertisement, he undertook to supply the same article or equivalent article of equal or better quality at the bargain price and within a reasonable time to all persons who requested the article and who were not supplied therewith during the time when the bargain price applied and that he fulfilled the undertaking.

 

41. Sale above Advertised Price

(1) A person who advertises goods for sale or rent in a market shall not, during the period and in the market to which the advertisement relates, supply goods at a price that is higher than that advertised.

(2) This section shall not apply in respect of-

(a) an advertisement that appears in a catalogue or other publication in which it is prominently stated that the prices contained therein are subject to error if the person establishes that the price advertised is in error;

(b) an advertisement that is immediately followed by another advertisement correcting the price mentioned in the first advertisement.

(3) For the purposes of this section, the market to which an advertisement relates shall be deemed to be the market to which it could reasonably be expected to reach, unless the advertisement defines market specifically by reference to a geographical area, store, sale by catalogue or otherwise.

 

42. Obstruction of investigation (Amended, 2001)

Any person who, in any manner, impedes, prevents or obstructs any investigation by the Commission under this Act or any authorized officer in the executive of his duties under this Act is guilty of an offence and liable on conviction in a Circuit Court to a fine or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

 

43. Destruction of Records etc. (Amended, 2001)

Every person who-(a) refuses to produce any document, record or thing, or to supply any information, when required to do so by the Commission under this Act; or

(b) destroys or alters or causes to be destroyed or altered, any document, record or thing required to be so produced or in respect of which a warrant is issued under this Act,

is guilty of an offence and liable on conviction in a Circuit Court to a fine or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

 

44. Giving false or misleading information to Commission (Amended, 2001)

Any person who gives to the Commission or an authorized officer any information which he knows to be false or misleading is guilty of an offence and liable on conviction in a Circuit Court to a fine or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

 

45. Failure to attend and give evidence (Amended, 2001)

Any person who-

(a) refuses or fails to comply with a requirement of the Commission under this Act;

(b) having been required to appear before the Commission-

is guilty of an offence and liable on conviction before a Resident Magistrate to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.