ANNEX
RESTRICTIVE PRACTICES
Definition of the Justiciable Issue
358
Page 305
(1)
For the purposes of an application to the Court under this Act, any restraint of trade imposed by an agreement registered there- under shall be deemed to be contrary to the public interest unless the Court is satisfied
(a)
(B)
(c)
(a)
(e)
(f)
(g)
-
that the restraint is reasonably necessary for the protection of the public in connection with the purchase, consumption or use of goods requiring special knowledge or skill in that connection;
that the removal of the restraint would deny to purchasers, consumers or users of any goods other specific and substantial benefits or advantages enjoyed or likely to be enjoyed by them as such, whether by virtue of the restraint itself or of any arrangements or operations resulting therefrom;
that the restraint is reasonably necessary to enable the parties to the agreement to counter- act measures taken by any person not party to the agreement who is engaged in the same trade or business with a view to preventing or restrict- ing competition in that trade or business;
that the restraint is reasonably necessary to enable the parties to the agreement to negotiate fair terms for the supply or acquisition of goods to or from a person not party to the agreement who controls a preponderant part of the trade or business of acquiring or supplying such goods;
that the restraint is necessary for the purposes of a scheme certified by the Board of Trade under Part XXIII of the Income Tax Act, 1952 (which relates to contributions and payments under schemes for rationalising industry);
that, having regard to the conditions actually obtaining or reasonably foreseen at the time of the application, the removal of the restraint would or would be likely to cause substantial unemployment in any industry or trade or a substantial reduction in the volume or earnings of the export trade of the United Kingdom; or
that the restraint is reasonably required for purposes connected with the maintenance of any other restraint or trade imposed by the same agree- ment, or by any other agreement between the same Page 305 of 32arties, being a restraint which is or haags 395 of 321
determined under this Act to be not contrary to the national interest,
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