ABSTRACT

This chapter considers restrictive trading agreements, monopolies, mergers, anti-competitive practices, and resale price maintenance. In the final quarter of the century the Restrictive Trade Practices Act 19761 was to regulate restrictive trading agreements and arrangements, by means of a system comprising registration, reference to the Restrictive Practices Court, and adjudication in the light of the public interest. For the control of monopolies over a similar period the chapter looks to the Fair Trading Act 1973. Subject to certain fundamental distinctions, the control exercised by the Fair Trading Act 1973 over mergers has been similar to that controlling monopolies. With inter alia the aim of filling a gap in the control network, the Competition Act 1980 was enacted to govern anti-competitive practices, i.e. courses of conduct having or likely to have the effect of restricting, distorting or preventing competition. The Resale Prices Act 1976 and the Restrictive Trade Practices Act 1976 have long been the subject of special provisions.