Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1911-03-10
The LEGALITY OF
KEEPING UP PRICES
How 1t Is Viewed In Foreign
Lands
Oondon Oil and Color Trades
(Journal)

10dI the VI llNG uldlA-
tenance is one of very great import
ance TO the retail trader is now gen.
orally recognized, and the large am
cunt of time devoted to it at the meet
ings of trade associations shows, firsr,
that all leading retailers are anxious
to put it into force, and secondly that
there are many difficulties in the
way. For one thing the trouble of city
stores competition would be largely
mitigated if prices could be MAIN
tanned upon the same level, whether
at the big store in town or at the local
shopkeeper's place in the country; for
although there would still remain in
ducements to visit the stores, yet the
cost question is one of great moment,
were no monetary advantage TO be had
and fewer people would go, ii
there were none INTO be gain
ed Recently there occurred IN
ireland case of considerable inter
est to those who stand up bravely for
a system of price maintenance. A re-
taller, after joining an Association and
agreeing to maintain certain prices,
was discovered in underselling. An
ordinary course would have been TO
eXpel the member from the Associa-
ton and send him to Coventry" but
the Irish traders took another and a
holder way. They brought the offend
err into court with a view to obtain an
injunction against him, and, what is
more extraordinary, they won their
case, the Irish Master of the Rolls
giving judgment to the effect that
where a body of traders took COM
bined action to prevent price cutting
or excessive competition, they were
able to insist upon the terms of the
agreement being kept. The defence
put forward by the culprit was that
the whole agreement was in restraint
of trade. Irish retail trade associa-
lions have shown on several occas-
ions that they can act far more de-
cisiyely and effectively than their
brethren on this side of St Georges
Channel. Why this should be so 5
something of a puzzle, unless it be that
the Irish, after long practice, are past
masters in the art of boyc0tting
The question of interest, however,
at the present moment is whether or
not the law of the Irish judge is good,
and it might be worth while to en-
deavour to get this matter settled
more authoratively. One does not al
together like the expression "exces-
sive competition. What is "exces-
sive" in this connection? Is it good
for the public that there should be any
competition at all? Our feeling is
that to decide upon what it or is not
excessive is altogether beyond the wit
of man, at any rate in any general
sense Since We are living under
frankly competitive system, to stop
competition in one direction without
interfering with it in another clear
ly unfair. 1t is this sense of unfair
ness which is at the bottom of public
distrust of big manufacturing com
binations. All these concerns are de-
signs to restrict competition and are,
in fact, great price maintenance or
ganisations. Here, in Great Britain,
We have not many such concerns
and those We have are moderate in the
use of their power; burt in America
they are ubiquitous, and interfere with
fair and reasonable competition in al
most every direction, and the public
hatred of them has grown to such an
extent as to constitute a national dan
ger. If these trusts be illegal because
they act in restraint of trade, as the
American Government lawyers are
even now trying to prove, then it may
follow that all combinations in re-
straint of competition are also Illegal
The whole question is one of extreme
difficulty, and cannot be looked at only
from the point of view of the retail
trader, Larger considerations come
into view, and it is not wise for the
retailer to ignore them 1t is far too
much the habit of retailers associa-
tions to consider all competition
against them to be unfair and all COM
petition which acts in their favor to
be just and necessary.