TRADE MONOPOLIES PREVENTION.

Wanganui Herald, Volume XXXIX, Issue 11644, 23 August 1905, Page 4

TRADE MONOPOLIES PREVENTION.

i The Trades Monopolies Prevention. Bill, which was introduced into Parliament yesterday, is a measure in many respects similar to that introduced but not passed last session, and there are many new points in respect of procedure,, etc., which make the Bill practically a fresh measure, and render a summary necessary. In the interpretation clause "article of commerce," which is the phrase used throughout the Bill, is defined to include gas and electricity. A trade monopoly is defined to exist where in respect of any article of commerce or the commercial supply of any services there is any trust, combination, or association of any agreement or understanding of any kind (express or implied) among manufacturers or of traders or suppliers, the effect of which is or is intended- to be or will probably be : (1) That the public" interests are injuriously affected by enhancement of price or undue restriction of output, or (2) that the advantage of any manufacturer cr trader or supplier is promoted at the expense of the consumer or purchaser or of any other trader or supplier. A monopoly also exists where any person or association of (within or without the colony) having the sole or chief control within the colony of any article of commerce either (1) sells or consigns for sale any such article to any trader under the condition that stich trader shall not sell or deal in, or that he will unduly limit his dealings in goods procured from any other source which will compete with the article aforesaid, and such condition will be deemed to exist, where sales or consignment are made only to those traders who have made an agreement or promise not to deal in or unduly limit their dealings in competing goods, or (2) sells or consigns to a trader on any terms or conditions "as would in their application or actual effect make it more profitable to such trader if he should not sell or deal in or should unduly limit his dealings in," or (3) sells or consigns goods snbject to the condition that such goods shall not be resold at less ' than a fixed price, or (4) adopts any method of business similar to the above or having like effects. Prima facie evidence of the existence of a monopoly shall be deemed to exist if since the commencement of the alleged monopoly the article affected has been supplied at uniformly higher prices than before •such commencement, "and that the profits made by the persons alleged to bo concerned in the monoply have since such commencement Been "much higher than before." Monopolies are declared to be illegal, and the procedure to attack them is as follows: A petition complaining of the existence of a trade monopoly may be addressed to the Chief Justice by the Minister of Labour, the Minister for Industries 'and Commerce, any officer of the .Labour Department, a trader alleging in-

jury from the alleged monopoly, or "thirty or more respectable adult persons." This petition must give particulars, and is to be delivered in duplicate to any Registrar of the Supreme Court, who shall forward the same to the Eegistrar of the Appeal Court, the Solicitor-General,, and the Auditor-General. The two latter' • shall then inquire into the matter, and shall have power to call for persons and all papers, books, etc., directly or indirectly bearing on the matters alleged" in the petition. On completing -their investigation they are to report to the Eegistrar whether they are or are not satisfied that there is a reasonable probability that the alleged. trade monopoly exists, and- notify the effect of their report to the petitioners. If they are satisfied as aforesaid, the Registrar is to forward the petition and report to the Chief Justice, i shall take step's for the trial of the- petition. The trial shall ' take place before 'three Supreme Court Judges nominated by the Chief Justice. The Court is ; to have jurisdiction to' inquire into and adjudicate on all matters alleged in or relating to the petition. The. Court is to forward copie3 of their finding to the Minister of Labour and Minister for Industries and Commerce. It is to have all the powers and authorities of the Supreme Court as far as they are applicable^ and shall follow Supreme Court procedure. It may admit any evidence it thinks fit, although not admissable in law, and it may "call any - witness of its own motion. If the Court thinks the publication of the whole

or any part of the evidence is ,or will probably be an improper disclosure of the private business of any trader,.' it may hear such evidence in camera/ and forbid publication under a penalty of .£IOOO. The Court may hear any confidential statement"* on oath by a person applying ex parte in chambers. Power is also given, for the ordering of costs and expenses. Proceed- . ings in. the Court shall not be impeached or held bad for want of form or removable. . to any other Court, "and no proceeding, judgment, finding, or order of the Court sEall be liable to be challenged, appealed against* reviewed, quashed, or called in question by any Court of 'judicature.' o,n any account whatever." The Supreme Court shall have jurisdiction to do , all , things to' enforce the prevention or continuance of a trade monopoly. Among the defined powers is the Supreme Court's power to issue a summary injunction "of prohibition of continuance. It -may on the suit of any public officer impose a fine . of not more than iJIOOO- on any person or association acting to continue or further .. a monopoly certified to exist, and may in addition to or in place of the fine issue an injunction prohibiting the continuance of any acts in furtherance of such ..trade, monopoly. Where the Supreme Court finds that the existence of any incorporated company or association promotes or favours the continuance of any monopoly it may, on. the application of any. Dublic „ officer, order such' company to Tbe wound up. After a trade monopoly, has been found' to exist the Minister of Labour . or the Minister for Industries and Commerce may declare forfeited any license granted . by the Commissioner of Customs for the manufacture of goods in bond, or if it , appears that the monopoly is facilitated by the duty on any article may place such article on the free list or so reduce the duty as to give the public the benefit of reasonable competition. Every person who conspires, combines, agrees, or arranges with any other persons or with any railway steamship or transportation company (1) to unduly limit facilities for transporting, producing, manufacturing, supplying, storing, or dealing- with any article, or (2) to restrain "or injure trade or., commerce in relation to any such article, or (3) to unduly prevent or limit production or,, unreasonably enhance the selling price of an article, or (4) to unduly prevent or lessen competition shall be liable to a fine not exceeding <£1000, and not less than £10, ' and if a corporation to a fine not exceeding <£2000 and not less than £200. ' , ■ .