Cut-price Tyre Sales Upheld by Judge
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A MOVE to restrain a Lancashire r-L company from selling Goodyear tyres at 10 per cent. below the prescribed prices was unsuccessful last week. Mr. Justice Upjohn, in the Chancery Division, refused an application by the Goodyear Tyre and Rubber Co. (Great Britain), Ltd., for an injunction against Lancashire Batteries, Ltd., Darwen, trading as the Tower Battery Depot, Accrington.
Lancashire Batteries opposed the application on the ground that they had not received proper notice of the resale-price conditions.
Dismissing the motion, with costs against Goodyear's, the judge said Lancashire Batteries had a campaign in February aimed at selling motor accessories at 2s. in the £ discount. An investigator employed by the British Motor Trade Association bought two Goodyear tyres from them at 10 per cent. discount.
The judge pointed out that under the Restrictive Practices Act, 1956, Goodyear's imposed a price restriction on their tyres as a condition of sale, and many traders, including Lancashire Batteries, received a circular sent out by the B.M.T.A. The circular said that the products of listed manufacturers were subject to price conditions.
If Goodyear's were to be granted the injunction, he said, it had to be shown that Lancashire Batteries had received notice of the restrictions before they acquired the goods. It had been submitted for Lancashire Batteries that express notice of the actual terms of price conditions had to be given, whereas Goodyear's claimed that it was sufficient to bring to the trader's attention the fact that a restriction was in force.
The judge thought express notice of the conditions was required, so the B.M.T.A. circular was not enough.
CORPORATION TAKE OVER B.M.M.O. ROUTES THIRTY-ONE buses went into service with Birmingham Transport Department this week to operate on routes from Great Barr taken over from the Birmingham and Midland Motor Omnibus Co., Ltd. A number of B,M.M.O. employees has volunteered to join the department, which has drafted 35 extra crews to work on the transferred routes.
The company ran vehicles between Great Barr and the city centre on behalf of the department for some years. There will be no changes in fares or stages.
EMPLOYERS REPLY NEXT MONTH
THE provincial bus companies agreed last week to reply on June 9 to the claim of the unions for an increase in basic wages, time-and-quarter for night maintenance work and a pension scheme. The municipal employers, who have received a similar claim, apart from the demand for a pension scheme, will reply on June 6.