Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Wednesday, 10 Dec 1930

Vol. 36 No. 9

Adjournment Debate. - Imperial Tobacco Company—Alleged Restraint on Trade.

In raising this question I want, in the first place, to make it perfectly clear that I do so in no spirit of hostility to the Imperial Tobacco Company. I have been a smoker of their products for a great number of years, and when they decided to jump the tariff wall, and to come into this country, giving very much-needed employment and acting as a stimulus to trade and commercial life in this country, I, together with the great majority of the people, smokers and non-smokers, welcomed their advent. I would still continue to welcome their presence in our midst if they did not ape the tactics of the cuckoo in the thrush's nest and attempt to throw overboard the prior owners of the nest who had really a prior claim on the surroundings. In reply to my question to-day I note that the Minister for Industry and Commerce said that "in the event of facts being furnished to me indicating that any practice is being followed in the nature of an undue or unwarranted restraint of trade I will have them examined to see what action is open to me."

In the light of that particular statement, I want to endeavour to satisfy the Minister that there is something in the nature of an undue or unwarranted attempt to restrain trade. The facts, briefly, are as follows: The Imperial Tobacco Company came into this country as a result of the tariff. They had a certain bonus arrangement with traders. That bonus arrangement laid it down that the company's goods should be displayed in a prominent and conspicuous manner by the shopkeepers, and that at least one-half of the slot machines would be retained for the sale of their particular products. There was nothing else very specific in the restrictions placed on the retailers. That was read by most tobacconists as implying that at least one-half of the window and shop space would be devoted to the products of the Imperial Tobacco Company, and the remaining half of the window or shop space could be devoted to the products of any other firm.

We have in this country an old-established Irish firm selling tobacco and cigarettes, Carroll's of Dundalk. Until some time last summer, in the cigarette market at least, Carroll's were not a very serious rival to the Imperial Tobacco Company. But somewhere about the summer of 1929 they endeavoured to extend their market in this country for cigarettes, and they decided upon a scheme of gifts for coupons. Each packet of cigarettes would contain a coupon, and fifty and a hundred of these coupons were to purchase certain gifts and so on. This scheme was put into operation somewhere about December, 1929. The first point is that there was nothing particularly novel about that type of pushing sales. Tea people, cocoa people, butter people, sweet people, and a number of other trading concerns adopted the same system. The first move made by the Imperial Tobacco Company was in November of this year, when a circular was sent out to the retail tobacconists containing the following paragraph: "My directors regard action which tends to push or advertise this form of trading as being against the best interests of trade as a whole, and they wish it to be understood that they consider gift displays in windows and show-cases as contrary to the spirit of the bonus scheme."

As I said, in the bonus scheme the only restriction placed on the trader was that at least half of the slot machines would be reserved for the Imperial Tobacco Company's products and that their goods and advertisements would be placed in a conspicuous place. There was no further restriction and no attempt whatever on the part of the retailers of this country to depart either from the letter or the spirit of the particular agreement they signed. Yet on the 1st of November this particular circular was served upon all traders. I have here an amount of correspondence which I shall submit to the House and the Minister without mentioning the names of those to whom letters were addressed, for the simple reason that I have not got permission from those people to use their names in this particular debate.

The next step in this particular attempt to force Carroll's tobacco and cigarettes off the Irish market was a visit by the inspectors of the Imperial Tobacco Company to various retail shops in Dublin. In one of these shops there was no display of gifts but there was a very prominent display of "Sweet Afton" cigarettes. The inspector ordered the tobacconist to remove them from the window. The tobacconist offered to give three of the four shelves to Imperial Tobacco products and to reserve the fourth to Carroll's cigarettes. The reply of the inspector to that particular request was that he would have none of Carroll's stuff displayed in the window. The next thing was that that particular attempt to drive Carroll's products out of the shop windows extended to the country and the same attempt was made both through correspondence and the inspectors to intimidate the retailers from stocking Carroll's goods. Now the Imperial Tobacco Company has really won the premier position in the cigarette market, chiefly due to the excellent cigarettes they supply and to a great extent to the very generous terms they give to agents. They have won such a position that it would be nearly impossible for any retail tobacconist to carry on if the supply of the Imperial Tobacco products were denied him. The very fact of accepting that as being a reasonable statement of the position and to follow up that by a threat to refuse to give him the bonus would be tantamount to dictating absolutely to that particular retailer not to handle Carroll's goods any more. If there is very general evidence, and I think there will be, from practically every constituency that there was an attempt to dictate to retailers as to what other goods they should keep in their windows, then I submit to the Minister that that is certainly undue and unwarranted restraint upon trade.

Now the position with regard to the sale of the different cigarettes is this: With an Imperial Tobacco Company packet of twenty cigarettes you get a picture and a halfpenny or a box of matches. By the accumulation of so many of these halfpence you can buy anything that a particular number of halfpence will buy. Carrolls give a coupon and by collecting so many of these you can buy certain goods. The difference is this, from the Irish point of view, that with the number of halfpence you can buy any goods you like but with Carroll's coupons you can only buy a particular set of goods stocked by a particular department. Carrolls have made every endeavour to ensure that the goods supplied under their gift system are of Irish manufacture. Therefore they are not only stimulating and pressing their own particular commodities but they are also of immense benefit to other Irish industries.

Nobody, I think, will deny the fact that they are not big enough, and never will be big enough, to be a serious rival to the Imperial Tobacco Company and that this attempt by a huge combine more or less to push out of trade a smaller Irish factory is certainly most undesirable, and every effort should be made by an Irish Government to protect an existing Irish concern. There is plenty of room in this country for the carrying on side by side of both, and the mere extension of Carroll's trade is not going seriously to jeopardise the position of the Imperial Tobacco Company. I would like the Minister, therefore, through his Department, to make every possible effort by negotiation to try to get the Imperial Tobacco Company to withdraw this persistent attack on Carroll's products. It would be much better that the question should be settled in this way than that an outraged sense of fair play should make the public take it into its own hands and possibly launch a boycott against certain products, which would only result in injury to certain industries which are giving a considerable amount of much-needed employment in our midst, and possibly bring about a situation where employment might not be so great as it is at the present moment.

In considering this question, the Minister should bear in mind that the Irish tobacco company which has been threatened by the imperial Tobacco Co. pays its income tax in this country, that its profits are spent in this country, and that every workman engaged in its factory is a native of Ireland. We hope that the Minister will take up a strong attitude against this big monopoly concern, which comes inside the tariff barrier here and uses its position to crush a firm which is turning out a better article than they are turning out. The Carroll firm which has incurred the wrath of the Imperial Tobacco Co. is turning out a good article and getting a good sale for it. The article is so good that it has penetrated the British market— the home of the Imperial Tobacco Co. It is up to the Minister to support that firm or any other Irish firm placed in a similar position. It is impossible for a small Irish manufacturer with £100,000 or £200,000 capital, or whatever the capital may be, to compete on trade terms over a number of years with a huge firm like the Imperial Tobacco Co., backed by several millions of capital. When dealing with questions of tariffs here, we have often advocated that big foreign firms coming in here should be controlled in some way, so that their coming in would not sound the death-knell of native factories. The Imperial Tobacco Co. pays no income tax in this country. A large number of its highly-paid employees are Englishmen, and the only good result that has accrued from its coming in here has been the employment of a few lowly-paid workers in this country. An Irish Government should certainly back up the Irish firm against a foreign firm such as that, particularly when the product of the Irish firm is every bit as good as that of the other. I hope the Irish people as a whole will resent the attempt—I am sure it is an illegal attempt if it were properly looked into—of this big foreign monopoly to crush a small rival here. If the law books were dug up, I think it would be found that there is some law which could be invoked against the Imperial Tobacco Co. in its attempt to crush its rivals by the means which it has adopted. I do not think there can be any law which would support the withdrawal of supplies by the Imperial Tobacco Co. from people to whom it has been giving supplies up to now. I hope that the Minister will say, if there is no such law, that he will bring in a Bill and make such law operative here before long.

This question, when raised to-day, received, a certain reply from me. That reply was to the effect that in the event of facts being furnished to me indicating that any practice was being followed in the nature of an undue or unwarranted restraint of trade, I would have them examined to see what action was open to me. I answered in that form because this matter, which was brought to my attention this morning, is only the Irish side of a war which is being waged in England at the moment, where the Imperial Tobacco Company have taken exactly the same action against other firms which have adopted the same gift scheme. They have circularised traders who stock their goods and have more or less threatened the withdrawal of their bonus scheme—not the withdrawal of supplies—if these practices are persisted in. In England, they have got, strangely enough, the support of a body called the National Chamber of Trade, which issued a statement in October of this year supporting the war which had been declared by the Imperial Tobacco Company, on the grounds that it was a bad system to have a trade done in small articles which are given away as gifts arising out of tobacco sales. The situation here in that respect is entirely different, as Deputy O'Higgins has pointed out, because in this country the firm which has most definitely gone in for these gifts arising out of sales has the support, I understand, of Irish trading concerns generally behind it, in so far as they insist that any gifts given to people in respect of the collection of these coupons are, so far as they can be procured, Irish goods. They have a host of Irish manufacturers besieging them to have their goods put on the gift list. The situation is, therefore, to some extent different.

The point to which I referred myself, as to whether the matter amounted to an undue or unwarranted restraint of trade, is not free from doubt in England. As a matter of fact, a Committee was established about two or three months ago there to inquire into certain trade practices, this obviously being one of the things aimed at. A group of other matters was taken into the terms of reference but the Committee are to inquire as to whether there is such an undue interference with trade as would lead to the application of certain laws against the people practising in that particular way and to make recommendations as to how these practices should, in the best interests of the trade of the country, be met. I cannot say that anything that has come before me yet—I have very little official information—amounts to an undue or unwarranted restraint of trade under the law preventing "restraint of trade," as it is called. I cannot see at the moment that I have either sufficient evidence before me to make a case or that even such evidence as I have before me by rumour gives me sufficient cause to get the law invoked against the Imperial Tobacco Company. I have hopes that what Deputy O'Higgins says will turn out to be the case—that a certain amount of reason will prevail and that we will get the position cleared of the difficulties that have arisen. As soon as I got the Press reports, a certain amount of Departmental investigation took place. Since I got certain information given me, we have kept a pretty close eye on the situation. Although we find a certain reluctance on the part of traders to come forward and put in our hands definite and detailed evidence, I am not without hope that we shall get definite and detailed evidence. We promise them our fullest support in standing out against this attempt of the Imperial Tobacco Company to beat down their rivals in this way and, if it became necessary, we should have to consider the introduction of legislation to deal with attempts of that kind in this country.

Deputy O'Higgins spoke of letters which he has in his possession but which he cannot use because they are associated with the names of certain people. If he can get permission to use them in the sense of putting them before me, not as an individual, but acting as Minister for Industry and Commerce, I shall be pleased to see what use we can make of these and see if any strong action can be taken in the matter.

I should not like to allow this matter to close without adverting to one point made by Deputy Aiken. He spoke of the native producer—Carrolls. Of course, other firms are interested, but referring to Carrolls he spoke of the inability of a native manufacturer with small reserves to stand up against a big concern. I should like to say that, in investigations we have from time to time to make as to how trading concerns in this country are doing, nothing has given us greater pleasure than to see the extent of the improvement in the business of that firm. It can hardly be said that it is a small firm likely to be crushed easily when sales of a particular type of popular cigarette which had risen somewhere to the region of a quarter million per month a year ago have now got to the four million mark per month. That indicates a very big increase in the production of that popular brand of cigarette, and it is a very good sign that they have strength in the way of capital reserves, advertising genius and business capacity, behind them. It cannot be taken that they will be beaten by fair means and we shall see that they will not be beaten by unfair means.

I suggested that this firm would not be able to stand this opposition over a number of years. I am sure the Minister will agree with me that if the Imperial Tobacco Company can prevent retailers displaying Carroll's cigarettes in the usual way Carroll's trade will be adversely affected and that figure of 4,000,000 will be reduced very much in a short time.

The Dáil adjourned at 10.55 p.m until Thursday at 3 p.m.

Barr
Roinn