__________________________
Governor-General
An
ACT to Amend the Fair Competition Act
BE IT ENACTED by The Queen's Most Excellent Majesty,
by and with the advice and consent of the Senate and
House of Representatives of Jamaica, and by the authority
of the same, as follows:-
1. This Act may be cited as the Fair Competition
(Amendment) Act, 2001 and shall be read and
construed as one with the Fair Competition Act (hereinafter
referred to as the principal Act) and all amendments
thereto.
2. Subsection (1) of section 2 of the principal
Act is amended by inserting next after the
definition of "dealer" the following definition
-
"document"
includes, in addition to a document in writing -
(a)
any map, plan, graph or drawing;
(b)
any photograph;
(c)
any disc, tape, sound track or other device in which
sounds or other data (not being visual images) are embodied
so as to be capable (with or without the aid of some
other equipment) of being reproduced therefrom;
(d)
any film (including microfilm), negative, tape or other
device in which one or more visual images are embodied
so as to be capable (with or without the aid of some
other equipment) of being reproduced therefrom.".
3. Subsection (1) of section 5 of the principal
Act is amended by inserting next after the
word "investigations" wherever it appears
the words "or inquires".
4. Section 6 of the principal Act is amended
by inserting next after the word "investigation"
the words "or inquiry".
5. Section 7 of the principal Act is amended
by inserting next after the word "investigation"
wherever it appears the words "or inquiry".
6.
Section 11 of the principal Act is amended
-
(a)
in subsection (1) -
(i)
by inserting next after the word "investigation"
wherever it appears the words "or inquiry";
and
(ii)
by inserting next after the word "investigation"
the words "or subject to inquiry";
(b)
in subsection (2) -
(i)
by inserting immediately after the word "an"
the words "investigation or"; and
(ii) by inserting immediately after the word "investigation"
the words "or inquiry".
7. Subsection (1) of section 21 of the principal
Act is amended by deleting the words "had
or is having" and substituting therefor the words
"had, is having or is likely to have.".
8. Subsection (1) of section 33 of the principal
Act is amended by deleting the definition of
"tied selling" and substituting therefor the
following -
"
"tied selling" means -
(a)
any practice whereby a supplier of goods or services,
as a condition of supplying the goods or services (in
this section referred to as "tied goods" or
"tied services", respectively) to a customer,
requires the customer to -
(i)
acquire any other goods or services from the supplier
or his nominee; or
(ii) refrain from using or distributing, in conjunction
with the tied goods any other goods that are not of
a brand or manufacture designated by the supplier or
his nominee; or
(b) any practices whereby a supplier of goods or services
induces a customer to meet a condition set out in paragraph
(a) by offering to supply the tied goods or tied services
to the customer on more favourable terms or conditions
if the customer agrees to meet that condition.".
9. Subsection (1) of section 34 of the principal
Act is amended -
(a)
by inserting next after the words "supplying goods"
the words "or supplying services";
(b)
by inserting in paragraphs (a), (b) and (c) next after
the word "goods" wherever it appears the words
"or services".
10.
Subsection (1) of section 37 of the principal Act is
amended -
(a)
by inserting in paragraph (a) next after the word "misleading"
the following words "or is likely to be misleading";
(b)
by deleting paragraph (c) and substituting therefor
the following -
"
(c) falsely represent to the public in the form of a
statement,
warranty or guarantee that services are -
(i)
of a particular kind, standard, quality, or quantity;
or
(ii) supplied by a particular person or by a person
of a particular trade, qualification or skill.".
11. Section 40 of the principal Act is amended
by deleting subsection (2) and substituting therefor
the following -
"
(2) A person shall not advertise ar a bargain price,
goods or services
which he does not supply in reasonable quantities having
regard to the nature of the market in which he carried
on by him and the nature of the advertisement.".
12. The principal Act is amended by
deleting section and substituting therefor the following
-
