TRADES MONOPOLIES PREVENTION.

Otago Witness, Issue 2685, 30 August 1905, Page 13

TRADES MONOPOLIES PREVENTION.

'ANOTHER. GOVERNMENT MEASURE.

(From Ova Own Coekespgndent.) WELLINGTON, August 22. The Trades Monopolies Prevention Bill, which h?s been introduced by the Premier, and which was circulated to-night, differs in some respects from the previous measure on the same subject. The aim of the bill is defined as an aot to prohibit trade monopolies detrimental to file pmblio interests. A trade monopoly, it is declared, shall exist (a) where in respect of any article or service there is any trust, ccmbinaition. or association, oiany agreement or understanding of any kind, whether exprers or implied, dealing v with such article or service, the effect of which is, or is intended to be, or will probably be, (1) that the public interests are injuriously affected by the enhancement of price or undue restriction "oiF output; or (2) that the advantage of any manufacturer g>r trader is promoted at the expense of the or purchasers, or at the experts© of any other trader dealing with such article or services, (b) Where a" person or association of persons within or without the colony, 'having sole or chief control within the r ookwiy of any articles cr of any particular brand .of .any article, (1) sells, offers, or consigns for sale any such article to any trader subject to the condition fcbat such trader shall not sell or deal in, or that lie. will unduly limit his dealings in, goods procured- from any other souaree which will . compete with tihe article aforesaid,- and such" condition- -shall be deemed to exist where sales or consignments as aforesaid take place only to' such- traders as have made an agreement or promise (whetsher legally binding or not) thai, they will not no cell or deal in, or will s-o unduly limit t-heir dealings in, competing goods, or only to such traders who, in fact, do not so sell or deal in, or do so unduly limit 'their dealings in, coni.pe.ting goods ; (2) sells, "offers, or consigns for sal© any such article as aforesaid to any trader ■upon- suoh terms a.s would make it more profitable to such trader if he should not cell or deal in, .or should unduly limit his dealings in. goods procured from* any other source which would compete with such [ article ; (3) sells or offers for sale aay sucih article as aforesaid, subject to the condition, or only tc^ such "traders as agree that such goods sfca.ll be',sold'a.p:ain at not less than a fixed price. -It s^alPb© prima facie evidence of the existence -of a "trade monopoly that sinee 'the commencement , of the alleged monopoly the article in question has been sold at uniformly higher pa-ices than" prior tp such eonymenceiiiient, and" that the profits -Jhiave been much higher than before. All j suob. monopolies and all transactions in furtherance tihereaf are deelaYed to be illegal. A petition ' complaining- of a monopoly may be addressed to- the Chief Justice — (a) by the Minister of Labour or tha Minister of Industries and Commerce; (b) by the Secretary of La-bour or other officer of -that department; (c) by some .trader aJleging' that he is injured by the alleged inonopolr; ' (d) by any 30 or more respectable adult persons. Such petitions shall be inquired mto by the Solicitor-general and the Auditorgeneral, who' may call upon any person or association of persons allegea to be concerned in the 'trade monopoly to produce all or any documents' directly or indirectly relating to the matters alleged in the petition. A penalty of £300 is provided for non-compliance with such demand. Should the Solicitor-general, and Auditor-general be satisfied of the probability of the existence of a monopoly, trial of the petition shall take place before a, couvi composed of i.br«e judges of the Supreme Court, wdio shall decide whether a^ "monopoly exists. _ Such court may admit any. evidence it thinks fit, although not. admissible in law. If the court is of opinion that the publication of tho whole or any part of the evideueo ■would be an improper disclosure of private business, it may hear such evidence- in camera. Judgments of the court shall rot be liable to appeal. The Supaieme Court is given power to enforce prevention of the continuance of a. monopoly. Upon receipt of a certificate of the existence of &^ monopoly the Governor-in-Coun-ciLmay declare forfeited any license granted by the Commissioner of Customs for the manufacture of sny goods in bond., and upon a notice of such forfeiture being gazetted, the license shall be null and void. If it appears that such is 'facilitated by the duties imposed on any article the Governor-in-Council may place such • article on the free list, or so reduce . ihe duty as to give the publio the benefit of | reasonable competition. I The act provides that any person who j conspires, combines, agirees, or arranges with any other porssn, or -with any railway, steams-hip, co transportation company, to do ( anything calculated to bring about a mono-poly, shall be liable to a penalty not exceeding £1000 or not less than £50, cr to imprisonment for any term not exceeding' two years; and. if a corporation, to a fine cot exceeding £2000, and not less than £200.