The Sanctity of Contracts in English Law - College of Social ...

Monopolies and Restrictive Practices 61restrictive trading agreements as were expresslyreferred to it by the Board of Trade. After examiningthe agreements or arrangements factually and objectivelythe Commission was to say whether or not inits opinion they were against the public interest. Ifthey were, Orders could be made by Ministers toterminate them. This machinery was found to beslow in operation in the main because it had toascertain the facts for itself without any speciallyprovided assistance, and had to break new ground inwide and complex fields.So after a trial period of some eight years provisionwas made by the Restrictive Trade Practices Act,1956, for setting up a new piece of machinery. Themachinery consists of two main parts. The first isa Registrar of Restrictive Trade Practices whosefunctions are twofold, namely, (a) to compile andmaintain a Register of agreements registrable underthe Act, and (b) to take proceedings before theRestrictive Practices Court in respect of agreementsentered or filed in the Register. The other part ofthe machinery consists of a new kind of court, theRestrictive Practices Court, consisting of five judgesand not more than ten other persons appointed bythe Queen, on the recommendation of the LordChancellor, and qualified by virtue of their " knowledgeof or experience in industry, commerce orpublic affairs."The agreements to be registered are those betweenpersons carrying on business in the United Kingdomin the production or supply or manufacture of goods