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

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62 Curtailment <strong>of</strong> Freedom by the Courtsunder which restrictions are accepted <strong>in</strong> respect <strong>of</strong>such matters as prices and control <strong>of</strong> supplies ormanufactures. Jurisdiction is conferred on the RestrictivePractices Court to declare whether or notany restrictions conta<strong>in</strong>ed <strong>in</strong> any registered agreementare contrary to the public <strong>in</strong>terest. Where any suchrestrictions are found to be contrary to the public<strong>in</strong>terest the agreement is by the Act made void <strong>in</strong>respect <strong>of</strong> such restrictions.An article <strong>in</strong> the F<strong>in</strong>ancial Times recently 28 drewattention to the fact that the Restrictive PracticesCourt (which had then delivered judgment <strong>in</strong> only onecase) has assumed an importance to British <strong>in</strong>dustryout <strong>of</strong> proportion to the work that it has so far done." It has caused a re-exam<strong>in</strong>ation amount<strong>in</strong>g to amajor shake-up <strong>in</strong> almost every section <strong>of</strong> <strong>in</strong>dustry."<strong>The</strong> result has been that s<strong>in</strong>ce the Register wascompiled a total <strong>of</strong> 146 agreements have been term<strong>in</strong>atedor varied so as to remove them from the scope<strong>of</strong> the Act. Even before the Register was compiledquite a number <strong>of</strong> firms decided as a matter <strong>of</strong> policyto withdraw from registrable agreements; and agreements" that might not look well <strong>in</strong> public " 28 werenot proceeded with; and then, as I have mentioned,146 (out <strong>of</strong> about 2,000 <strong>in</strong> all) were abandoned.All this goes to show that the new mach<strong>in</strong>ery hasbegun its operations effectively. Whether it willcont<strong>in</strong>ue to do so time and events will show. Fromthe po<strong>in</strong>t <strong>of</strong> view <strong>of</strong> my special study three th<strong>in</strong>gs are<strong>of</strong> special importance <strong>in</strong> this experiment <strong>in</strong> the control28 Wednesday, January 7, 1959.

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