Section 43: Vertical agreements involving resale price maintenance
consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
43. Vertical agreements involving resale price maintenance
(1) Subject to subsections (2) and (3), a vertical agreement between enterprises shall, to the extent that it involves resale price maintenance, be
prohibited and void.
(2) A supplier or producer may recommend a minimum resale price to a reseller of goods or services provided that the recommendation is not binding.
(3) Where a supplier or producer has recommended a minimum resale
price to a reseller of goods and the resale price appears on the goods, the
words “recommended price” shall appear next to the resale price.
(S. 43 came into operation on 25 November 2009.)
Sub-Part II – Other Restrictive Agreements
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Questions this section answers
- Can a supplier force me, as a retailer, to sell its product at a fixed minimum price?
- Can a supplier recommend a minimum resale price without it being illegal?
- If a supplier recommends a resale price, must the goods say 'recommended price'?