cover image: The Calcutta Law Journal  May 1  1912

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The Calcutta Law Journal May 1 1912

1912

There are two points of view that of the statesman awbose task is to ascertain the regulations Of trade which should be imposed by the legislature the other that of the lawyer who must know irrespective of what restraints ought or ought not to be imposed what the law is with respect to the restraints actually existing. [...] Competition between a number of sellers operates to the advantage oithe buyers of the article in question because the latter are thereby enabled to exercise the greatest possible freedom of buying and incidentally buy at the lowest price and competition among therbuyers operates in like manner to the advantage of the sellers. [...] Control of the market may arise in several ways : (I) where a third person other than the buyers or sellers has for some reason the right or power to regulate or control the buying and selling ; (2) there all of the buying or selling is in the hands of one person or a combination ; (3) where part of the buying or selling is in the hands of one person or a combination in which case the part contro [...] A monopoly is therefore a restraint of the trade of (t) those who may wish to engage in the same trade but cannot do so with any chance of profit because of the existence of the monopoly (a) of the persons buying or selling as the case may be from or to the monopoly as they are deprived of their freedom to buy or sell because of the narrow market created by the monopoly (3) and when the monop [...] A distinction was frequently made by the law between monopoly in the necessaries of life and monopoly in other commodities because in the case of the necessaries of life the purchaser could not refuse to buy if the terms exacted were too oppressive whereas in the other cases he could and the ability of the purchaser to go without furnished to a certain extent as effectual a check to a mono
law
Pages
8
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
The Calcutta Law Jouranal
55-62 unknown view

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