English (United Kingdom)

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NOVEMBER 3, 1958, was a memorable day in twentieth century English legal history. In the Royal Courts of Justice in London in a court customarily occupied by Her Majesty's Judges sat a collection of prominent men from various walks of life comprising the newly-constituted Restrictive Practices Court. Two of these men were English High Court Judges and one was a member of the Outer House of the Scottish Court of Session, but even they sat informally, without the customary judicial paraphernalia of robes and wigs. With them sat two industrialists, an accountant, and a trade union official. They held unlawful a long-standing arrangement among the manufacturers of proprietary medicines whieh prevented such goods from being sold through any retail outlet other than a pharmacy. A few months later, this same court struck down a price-fixing arrangement in the declining Cotton Spinning Industry. After marathon legal arguments, the court, although it agreed that its decision might close many mills and throw about 20,000 employees out of work, nevertheless held that the agreement was against the public interest. For the first time for many years in England, a legal decision on a civil question was headline news in the newspapers. In the succeeding months other equally important decisions were handed down. Price-fi.. .dng in carpets and blankets, bread and flour, chocolate and cars, all fell under the censure of the court. Market sharing and discriminatory discounts met a similar fate. Even the noncompetitive nature of the Cooperative Societies, to which almost a quarter of the families in England belong, was challenged. When contrasted with the more mundane questions with which the English courts are normally faced these decisions can only be described as startling. The Restrictive Trade Practice Act of 1956, the source of these decisions, marked an important change of policy. For the first time in many centuries the United Kingdom had a law designed to strengthen competition. Restric-

Experience and Experiment in the Legal Control of Competition in the United Kingdom