The Trust Problem

or agent, in respect of dealings in any goods, gives, offers, or agrees to give to any other person any rebate, refund, discount, concession, allowance, reward, or other valuable consideration for the reason or upon the express or implied condition that the latter person

(a) Deals or has dealt or will deal, or intends or undertakes or has undertaken or will undertake to deal, exclusively or principally, or to such an extent as amounts to exclusive or principal dealing, with any person or class of persons, either in relation to any particular goods or generally; or

(b) Does not deal or has not dealt or will not deal, or intends or undertakes or has undertaken or will undertake not to deal, with any person or class of persons, either in relation to any particular goods or generally; or (c) restricts or has restricted or will restrict, or intends or undertakes or has undertaken or will undertake to restrict, his dealing with any person or class of persons, either in relation to any particular goods or generally; or

(d) Is or becomes or has been, or has undertaken or will undertake to become, a member of a commercial trust;

(e) Acts or has acted or will act, or intends or undertakes or has undertaken or will undertake to act, in obedience to or in conformity with the determinations, directions, suggestions, or requests of any commercial trust with respect to the sale, purchase, or supply of any goods.

4. Every person commits an offense who, either as principal or agent, refuses, either absolutely or except upon disadvantageous or relatively disadvantageous conditions, to sell or supply to any other person, or to purchase from any other person, any goods for the reason that the latter per

son

(a) Deals or has dealt or will deal, or intends to deal,

or has not undertaken or will not undertake not to deal, with any person or class of persons, either in relation to any particular goods or generally; or

(b) Is not or has not been, or will not become or undertake to become or has not undertaken to become, a member of a commercial trust; or

(c) Does not act or has not acted or will not act, or does not intend to act, or has not undertaken or will not undertake to act, in obedience to or in conformity with the determinations, directions, suggestions, or requests of any commercial trust with respect to the sale, purchase, or supply of any goods.

5. Any person who conspires with any other person to monopolize wholly or partially the demand or supply in New Zealand or any part thereof of any goods, or to control wholly or partially the demand or supply or price in New Zealand or any part thereof of any goods, is guilty of an offense if such monopoly or control is of such a nature as to be contrary to the public interest.

6. (1) Every person commits an offense who, either as principal or agent, sells or supplies, or offers for sale or supply, any goods at a price which is unreasonably high, if that price has been in any manner directly or indirectly determined, controlled, or influenced by any commercial trust of which that person or his principal (if any) is or has been a member.

(2) Every person commits an offense who, in obedience to or in consequence of or in conformity with any determination, direction, suggestion, or request of any commercial trust, whether he is a member of that trust or not, sells or supplies, or offers for sale or supply, any goods, whether as principal or agent, at a price which is unreasonably high.

7. (1) If any commercial trust, whether as principal or agent, sells or supplies, or offers for sale or supply, any

goods at a price which is unreasonably high, every person who is then a member of that trust shall be deemed to have committed an offense against this act.

(2) If in any such case the commercial trust is a corporation, it shall itself be guilty of an offense against this act; but the liability of the trust shall not exclude or affect the liability of its members under the last preceding subsection.

8. For the purposes of this act the price of any goods shall be deemed to be unreasonably high if it produces or is calculated to produce more than a fair and reasonable rate of commercial profit to the person selling or supplying, or offering to sell or supply, those goods, or to his principal, or to any commercial trust of which that person or his principal is a member, or to any member of any such commercial

trust.

9. Every person who aids, abets, counsels, or procures, or is in any way knowingly concerned in the commission of, an offense against this act, or the doing of any act outside New Zealand which would if done in New Zealand be an offense against this act, shall be deemed to have committed that offense.

10. (1) Every person who commits an offense against this act shall be liable to a penalty of £500.

(2) If two or more persons are responsible for the same offense against this act, each of those persons shall be severally liable to a penalty of £500, and the liability of each of them shall be independent of the liability of the others.

SCHEDULE

GOODS TO WHICH THIS ACT APPLIES

Agricultural implements.

Coal.

Meat.

Fish.

Flour, oatmeal, and the other products or by-products of the milling of wheat or oats.

Petroleum or other mineral oil (including kerosene, naphtha, and the other products or by-products of any such oil).

Sugar.

Tobacco (including cigars and cigarettes).

4. CANADA

The spirit of the Canadian law is quite different from that found in the other colonies and is entirely in accordance with other late laws of the Dominion which seem to be conservative and to desire to regulate rather than to destroy. The Canadian Combines Investigation Act of 1910 is so unique and suggestive in its provisions that it is included in full.

CANADIAN COMBINES INVESTIGATION ACT, 1910

AN ACT to Provide for the Investigation of Combines, Monopolies, Trusts, and Mergers.

1. This Act may be cited as "The Combines Investigation Act."

2. (c) "Combine" means any contract, agreement, arrangement or combination which has, or is designed to have, the effect of increasing or fixing the price or rental of any article of trade or commerce for the cost of the storage or transportation thereof, or of the restricting competition in or of controlling the production, manufacture, transportation, storage, sale, or supply thereof, to the detriment of consumers or producers of such article of trade or commerce, and includes the acquisition, leasing, or otherwise taking over, or obtaining by any person to the end aforesaid, of any control over or interest in the business, or any portion of the business,

of any other person, and also includes what is known as a trust, monopoly, or merger;

(d) "Department" means the Department of Labour;

ADMINISTRATION

3. The Minister shall have the general administration of this Act.

4. The Governor in Council shall appoint a Registrar of Boards of Investigation, who shall have the powers and perform the duties prescribed.

ORDER FOR INVESTIGATION

5. Where six or more persons, British subjects resident in Canada and of full age, are of opinion that a combine exists, and that prices have been enhanced or competition restricted by reason of such combine, to the detriment of consumers or producers, such persons may make an application to a judge for an order directing an investigation into such alleged combine.

(2) Such application shall be in writing addressed to the judge, and shall ask for an order directing an investigation into the alleged combine, and shall also ask the judge to fix a time and place for the hearing of the applicants or their representative.

(3) The application shall be accompanied by a statement setting forth

(a) The nature of the alleged combine and the persons believed to be concerned therein;

(b) The manner in which the alleged combine affects prices or restricts competition, and the extent to which the alleged combine is believed to operate to the detriment of consumers or producers;

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