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The Restrictive Practices
Court
The Restrictive Practices Court was established by the Restrictive
Trade Practices Act 1956. It is staffed by three judges of the
High Court, on judge of the Court of Session of Scotland and
one judge of the Supreme Court of Northern Ireland. The judges
are assisted by laymen who have knowledge of, or experience
in, industry, commerce or public affairs. A court consists of
one judge and two laymen. The judge decides all questions of
law, but matters of fact are decided by a majority of the members
of the court.
It has two main areas of jurisdiction. In the first it deals
with restrictive trading agreements registered with the Director
General of Fair Trading. The Restrictive Trade Practices Act
assumes that collective agreements between two or more persons
under which restrictions are accepted in respect of prices,
quantities, or descriptions of goods to be produced, are contrary
to the public interest. In any case which comes before the court
it is for the parties to show that their agreement is not contrary
to the public interest; this they may be able to do by showing
that it comes within any of eight categories set out in the
Act. If the parties can establish their case the agreement will
be held to be valid; if not, the court will decide that the
restriction is against the public interest and so is void
In the court’s second area of jurisdiction it hears cases
relating to resale price maintenance. The Resale Prices Act
1076 provides that in general any contract between a supplier
and a dealer for the sale of goods which provides for a minimum
resale price is void. However, such an agreement is valid if
the parties can satisfy the court by showing that any one of
five grounds exist. In general, these grounds provide reasons
for holding that the restrictive agreement is in the public
interest.
From a decision of the Restrictive Practices Court, appeal lies
on a point of law to the Court of Appeal – Civil Division.
From the Court of Appeal there may be a further appeal to the
House of Lords.
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