Part III General and Supplemental
26 Individual resale price maintenance enforceable in certain cases.
1
The provisions of this section shall—
a
apply where goods are sold by a supplier subject to a condition which is not unlawful under this Act as to the price at which those goods may be resold; and
b
be interpreted as if they were provisions of Part I of this Act.
2
Where goods are sold by a supplier subject to such a condition, either generally or by or to a specified class or person, that condition may be enforced by the supplier against any person—
a
who is not party to the sale, and
b
who subsequently acquires the goods with notice of the condition,
as if that person had been party to the sale.
3
A condition shall not be enforceable by virtue of this section—
a
in respect of the resale of any goods—
i
by a person who acquires those goods otherwise than for the purpose of resale in the course of business; or
ii
by any person who acquires them, whether immediately or not, from such a person;
b
in respect of the resale of any goods—
i
pursuant to an order of any court; or
ii
by way of execution or distress; or
iii
by any person who acquires them, whether immediately or not, after such resale.
4
Nothing in this section shall be construed as enabling any person to enforce a condition imposed in pursuance of any restriction which is declared by an order of the Court for the time being in force under the M1Restrictive Trade Practices Act 1976 (or under the M2Restrictive Trade Practices Act 1956) to be contrary to the public interest.
5
The court may, upon proof that goods sold by the plaintiff have been resold by the defendant in breach of a condition which is enforceable against him by virtue of this section, grant an injunction restraining the defendant from reselling in breach of any such condition any goods sold or to be sold by the plaintiff, whether of the same description as the goods proved to have been resold as described above or of any other description.
This subsection is without prejudice to any other relief which may be granted in proceedings against any person in respect of a breach or apprehended breach of such a condition.