THE ENFORCEMENT OF COMPETITION IN THE UNITED KINGDOM
AbstractIn 1956 the Restrictive Trade Practices Act was enacted by British Parliament. In this article the author briefly surveys the history leading up to the enactment, then closely examines the statute, with a particular focus on provisions relating to the registration and investigation of trading agreements and restrictions. The author then discusses the cornerstone of the legislation, public interest, through an examination of several cases and specified circumstances in which restrictions have come before the courts. In doing so he also examines arguments that have been put forward in defending such restrictions, as well as examines the second stage of the court process whereby a restriction is weighed in a balancing process. In concluding his article, the author examines possible arguments both for and against the statute and suggests that the Act is achieving its purpose despite not providing a detailed definition of “public interest”.
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