The purpose of this article is neither to consider the formal provisions of the Monopolies and Restrictive Practices Acts, 1948 and 1953, nor to outline the findings of the Commission set up under the 1948 Act. These have been dealt with elsewhere. Our more limited purpose is to examine the operation of the 1948 Act and the efficiency of the machinery set up in the light of a recent report of the Select Committee on the Estimates. The function of this Committee is to investigate items in the Government estimates for expenditure to see whether public funds are being properly and economically applied to the purposes for which they are voted. The Committee therefore does not question the policy laid down by Parliament. On the other hand, in questioning whether the Commission and the Government departments concerned are making the best use of the funds available in accordance with the provisions and intentions of the Act, the report and the minutes of evidence allow us to judge whether the Act, as it stands, provides an adequate basis for inquiry into and the control of monopolistic practices.
At the outset it should be borne in mind that there are important differences between the British legislation and that of the United States and Canada. Both North American countries have legislation which forbids specific practices and creates offences under the criminal law. The British legislation does neither. There is a commission which investigates industries referred to it by the President of the Board of Trade and makes its report upon these industries to him. Following a report by the Monopolies Commission that certain practices are contrary to the public interest the President of the Board of Trade or the minister in charge of certain other Government departments may make an order forbidding the practices in that industry only.