The Gazette 1972

Restrictive Practices Act, 1972 THE effect of this Act which became law on l^th June 1972 is to enable the Minister for Industry and Commerce to set up the Restrictive Practices Commission which will exercise powers comparable in many respects to the existing Fair Trades Commission. The powers of the Commission extend to investigation of the affairs of the professions and in the exercise of their functions the Commission are to have regard to unfair practices listed in the third schedule to the Act. These are as follows: Unfair practices

of the opinion that these provisions if implemented might enable the authorised officer to obtain confidential information regarding client affairs. Representations to this effect were made to the Minislei for Industry and Commerce. Right of appeal to the High Court Section 15 (3) provides that the owner of premises which an authorised officer proposes to enter may apply to the High Court for a declaration under the Section. Where the owner of premises to whom an authorised officer has made a requirement under the Scction refuses access or refuses to comply with the requirement the owner has the same right of application to the High Court. The Court having heard the evidence and any representations made by the Examiner may at its discretion declare that the exigencies of the common good do not warrant the exercise by the Examiners of the powers conferred on them by the Section. The Examiner or the authorised officer will thereupon be prohibited from exercising the powers. It seems unlikely that the Restrictive Practices Com- mission or any of its authorised officers would seek to inspect confidential files, documents or records in solicitors' offices. If they were to act otherwise the solicitor would no doubt invoke the right of application to the High Court and would in this respect have the approval and support of the Society in an appropriate case. Statements during debate in Oireachtas On the second stage of the Bill in Seanad Eireann Mr. Michael O'Higgins stated " So far as my profession of solicitor is concerned it is probably unnecessary to point out that the work a solicitor undertakes is absolutely confidential between the solicitor and his client. So far as the medical profession is concerned there is also the question of complete confidence as between the medical man and his patient. Under Section 15 of the Bill the Examiner is entitled to authorise any person in writing who then becomes an authrised officer to require infor- mation about any particular field in which the Examiner is conducting an investigation. Not only is he entitled to require that information be given but he is entitled to inspect books and records; not merely is he entitled to inspect books and records but he is entitled to take copies of extracts of any such books, documents or records. This is a matter which troubles me on the question of confidential relationship which exists so far .as my professsion is concerned and I feel that the medical profession would feel the same way and which the members would insist absolutely in maintaining. Solicitors in many matters can give proper service to their clients only provided it is known, recognised and accepted by everyone that their relations with clients, their instructions from clients, their advice to the clients and their discussions with clients are to be regarded as absolutely confidential. The same could be said of the lOther branch of the legal profession, as well as the medical profession. There is a safeguard of sorts written into Section 15 but I do not think it meets the difficulty by providing that a person who is served with a notice by the Examiner may apply to the High Court io get a declaration to the effect that the investigation should not be carried out by the Examiner."

Any measures, rules, agreements or acts, whether put into effect for (or intended to put into effect) by a person alone, in combination or agreement (express or implied) with others or through a merger, trust, cartel, monopoly or other means or device whatsoever, which— (a) have or arc likely to have cffect or unreasonably limiting or restraining free and fair competition, (b) are in unreasonable restrait of trade, (c) have or arc likely to have the cffcct of unjustly eliminating a competitor, (d) unjustly enhance prices of goods or charges for services or promote unfairly at the expense of the public the advantage of suppliers or distributors of goods or of persons providing services, (e) sceure or are likely to secure, unfairly or contrary to the common good, a substantial or complete control of the supply or distribution of goods or any class of goods or the provision of services or any class of services. (f) without just cause prohibit or restrict the supply of goods or the provision of services to any person or class of persons or give preference in regard to the supply of goods or the provision of services, (g) restrict or are likely to restrict unjustly the exercise by any person of his freedom of choice as to what goods or services he will supply or provide or as to the area in which he will supply or provide goods or services, (h) impose unjust or unreasonable conditions in regard to the supply or distribution of goods or the pro- vision of services, (i) without good reason exclude or are likely to exclude new entrants to any trade, industry or business. (j) secure or arc likely to secure unjustly the territorial division of markets between particular persons or classes of persons to the exclusion of others or (k) in any other respect operate against the common good or are not in accordance with the principles of social justice. Power to enter premises The Council made representations to the Minister for Industry and Commerce on the Bill in general before it became law. Some but not all of the recommendations and proposals of the Council were included in the Bill as passed. The Council were particularly concerned with the powers conferred on the Examiner appointed by the Commission under Scction 15 for the purpose of obtain- ing any information necessary for the exercise of the Examiner or any of his functions. An authorised officer will be entitled to enter and inspect premises, obtain information, and inspect and take copies from books, extracts and documents and records. The Council are

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