Willie Penrose (Longford-Westmeath, Labour)
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Question 154: To ask the Tánaiste and Minister for Enterprise, Trade and Employment her plans to bring forward fair trade legislation; when it will be published; and if she will make a statement on the matter. [18132/09]

Mary Coughlan (Donegal South West, Fianna Fail)
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I understand the Deputy is referring to fair trade in the context of fair and equitable terms and conditions between parties in a contractual business relationship. In general, contract law, enforceable in the Courts, governs the terms and conditions entered into by contracting parties.

In so far as competition law has an effect on business relationships, this is in the form of prohibition of certain anti-competitive practices such as price-fixing, applying dissimilar conditions to equivalent transactions with other trading parties thereby placing them at a competitive disadvantage, making the conclusion of contracts subject to acceptance by the other party of supplementary obligations which by their nature or according to commercial usage have no connections with the subject of such contracts, abusing a dominant position, requesting "hello" money and imposing resale price maintenance. It is my intention to bring forward legislation during the course of 2009 which, inter alia, will be informed by the consultation process undertaken in 2007/08 on the operation and implementation of the Competition Act 2002.