The chronicle=news., 1914-07-11
TRUSTS IN FOREIGN
COUNTRIES ~. " :. !.

All f---eEs
Canada and Australia are the onl.
important foreign countries in which
.anti-trust" laws have been adopted
along the lines OF our Sherman Law
of 1890. In England, the subject has
been ignored by Parliament. There
is no law to prevent the merger, OF
consolidation of properties in one
| lrOmpany, or even to prevent com
petitors from meeting and agreeing
upon prices or output. unless they &c
30 far as to bring themselves under
the ban of the old common law.
The governments OF Continental
Europe go to extremes that would
not be tolerated in any English coun-
try in many OF their regulations OF
the affairs Of the people, but they
have no laws to regulate cOnsoltda
tions. Germany rs very aggressive in
encouraging synddcates. caItels or
associations of manufacturers. II they
dan make any showing that they
promote the interests of the empire
or its foreign trade. A little OF this
German policy can be, found in all
the Continental countries. Their
governments, on the whole. are as
eager to build up industries as our
western people were to get railroads
built few years ago. ...
In Canada and the new Common
wealth Of Australia laws, have been
passed that are s1milat to our Sher-
man law. but with Snet Important
| qualification. The Canadian law, fol
example. prohibits any undue" OF
unreasonable" restraint of trade.
Our Sherman law does not contain
these words. but our Supreme Court
In the most important merger cases
on which 1t has passed. has held that
the law only applies to undue or un-
reasonable corporate restraint. f-
The Australian law for the Re
preston Of Monopolies" prohibits
\ any combination with intent to re-
i strain trade or commerce to the det.
lriment Of the public or with in
tent to destroy or injure by means OF
unfair competition any Australian
industry the preservation Of which
is advantageous to the Common
wealth. having due regard to the in
tsrsts of producers. workers and con
sumers."
| The administrative system adopted
lin Canada is SO sim a.G apparent.
" SO effective that the country does
not haze aEy trust problem nor
any agitation directed at corpora
tions or big business. In fact. Can
II I, Lon Cd ~
make the corporations work anu
build up the country, without get
sIting out of bounds or doing any dam
age. -" .g'
Before the courts will take any ac-
tion in Canada complaint must be
filed in the form of an affidavit
/ signed by six people. This shuts out
all the biackmailinS schemes which
have been so common in this country
emanating from both public and pri-
vate sources. tss
The next step in Canada Is for the
court to appoint a special commits
sion to Investigate the case. One
member of this commission is NOM
mated by the complainants and one
BIS the defendants. and these two
agree upon the third. This commits
sion goes into all the, facts lin rthe
lease and makes full report to the
court ".N
| This system gets quick action
without litigation. 1t la not neces'
sary for the Canadian government &c
spend million dollars prosecuttee
one corporation. ana have the case
/ drag through the courts for . five
years. The court and the seomtAis.
sion. after erliinNestisatinG q dase. de-
eide what Is fair and reasonable, and
the matter Is settled r4p innlis.
The Canadian plan Is effective be
cause it is not based upon the as.
sumption that the business man is 4
craminal who must be held In awe by
the majesty of the law Busines:
affairs have Thousand intricate de
tails and phases which.i cannot bt
lsifted or sorted in criminal statute
A commission. IL the doors are moi
closed against 1t by the fear Of Grim
Il inal prosecution. can get down into
the facts in each case and have nt
difficulty in applying promptly Chic
i Justice Whites rule Of reason"