HC Deb 12 July 1937 vol 326 cc876-7W
Sir A. Wilson

asked the President of the Board of Trade whether his attention has been drawn to the decision of the courts in the case of Thorne v. Motor Trade Association that it is not illegal for a trade association to demand of a trader, whether he is a member of the association or not, a money payment as the price of abstaining from putting him on its stop list; and whether he will consider the need for legislation on the subject in the light of the Report of the Departmental Committee on Restraint of Trade to restore the decision of the Court of Criminal Appeal in the case of Rex v. Denver, 1926, 2 K.B., 258?

Mr. Stanley

The answer to the first part of the question is in the affirmative. I would, however, point out that the decision of the Court of Criminal Appeal in the case of Rex v. Denyer to which my hon. and gallant Friend refers was apparently in conflict with a decision of the Court of Appeal in another case, and I understand that the case of Thorne v. The Motor Trade Association was brought to resolve this divergence of view. With regard to the second part of the question, I see no reason to dissent from the view of the Committee referred to that legislation on this subject is not called for.