THE Irish Times has a mended its standard terms and conditions of supply to allow retailers to set their own prices for copies of the newspaper. The move follows an objection by the Competition Authority to a provision in the standard terms which provided that "a recommended retail price, as indicated from time to time on the respective mastheads of each of the newspapers, shall apply to all sales of the newspapers by the newsagent".
The authority indicated that, in its view, this condition amounted to retail price maintenance (RPM) which was in breach of Section 4 (1) of the Competition Act 1991. The Authority noted that RPM was not allowed in respect of newspapers in the UK. It rejected the arguments that RPM should be permitted in respect of newspapers and indicated that it was not prepared to grant a licence permitting such arrangements.
Following the amendments made by The Irish Times, the Authority decided that the terms and conditions were no longer contrary to the provisions of the Competition Act. In a statement last night The Irish Times welcomed "the certification of its entire terms and conditions as amended."
The amendment provides that The Irish Times can recommend retail prices to retailers, but provides that retailers are free at all times to set their own prices for copies of The Irish Times.