Section 13 Exception for measures against loss leaders.
United Kingdom
It is not unlawful by virtue of section 11 above for a supplier to withhold supplies of any goods from a dealer, or to cause or procure another supplier to do so, if he has reasonable cause to believe that within the previous twelve months the dealer or any other dealer to whom the dealer supplies goods has been using as loss leaders any goods of the same or a similar description, whether obtained from that supplier or not.
The reference in this section to the use of goods as loss leaders is a reference to a resale of the goods effected by the dealer, not for the purpose of making a profit on the sale of those goods, but for the purpose of attracting to the establishment at which the goods are sold customers likely to purchase other goods or otherwise for the purpose of advertising the business of the dealer.
A sale of goods shall not be treated for the purposes of this section as the use of those goods as loss leaders—
where the goods are sold by the dealer at a genuine seasonal or clearance sale, not having been acquired by the dealer for the purpose of being resold as mentioned in this section; or
where the goods are resold as mentioned in this section with the consent of the manufacturer of the goods or, in the case of goods made to the design of a supplier or to the order, and bearing the trade mark of a supplier, of that supplier.
Notes on the whole Act
Textual amendments
- F1
Act repealed (1.3.2000) by 1998 c. 41, ss. 1(c), 74(2)(3), Sch. 14 Pt. I (with s. 73, Sch. 13); S.I. 2000/344, art. 2, Sch.